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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is the owner of the instant land, and the Defendant is the owner of 685 square meters, which is adjacent thereto, and the fact that the instant structure, such as the written claim, was installed on the ground of the instant land around 2008, is not in dispute between the parties, or that is located on the instant land until now. The result of the survey and appraisal by the appraiser E, which is the result of the on-site verification by the appraiser E, can be acknowledged by taking full account of the overall purport of the pleadings.
Plaintiff
The summary of the argument is that the Defendant, without authority, established the instant structure on the ground of the instant land owned by the Plaintiff through the Korea Rural Community Corporation without authority. Since the Defendant occupied the instant land while cultivating crops on the instant land, the Defendant is obligated to remove the instant structure to the Plaintiff and deliver the instant land part to the Plaintiff.
Judgment
The removal of the decision on the request for removal is a fact-finding act that constitutes a final disposition of ownership, and thus, the owner, etc. of the right to remove or a person who is in the position to legally or factually dispose of the ownership can remove it.
However, evidence Nos. 4, 5, 6, and 7 1, 2, 8, 10, 11, 12-1, 2, and 12-2 of the evidence Nos. 4, 5, 6, and 7, and the fact-finding results on the original branch of the Korea Rural Community Corporation in this court, which the Defendant specifically participated in the installation of the structure of this case.
It is insufficient to deem that it has the authority to dispose of, such as the removal thereof, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim for removal, which is premised on the defendant's right to remove the structure of this case, shall not be justified without examining the remainder.
The possession of the judgment goods on the claim for extradition refers to the objective relationship that can be said to be in the factual control of any person under the concept of society, and the factual control here refers to the factual control.