1. The Defendant removed a single-story house of 40.5 square meters on the land of 364 square meters in Kuju-si, Jeonju-si, from the Plaintiff, and the said site is the same.

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 and 2, the plaintiff acquired land of 364 square meters in Gangwon-do in Seoul Special Metropolitan City due to the inheritance through consultation on August 8, 1989 and Oct. 10, 1989, and there exists a building not registered with 40.5 square meters in the above land on the above ground, and the defendant registered as the owner of the above building on the general building ledger.

Therefore, the defendant constitutes the legal disposition authority of the above building, and thus is obligated to remove the above part of the building and deliver the site to the plaintiff.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.