1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit.

1. The court's explanation on this part of the basic facts is the same as the statement of Paragraph 1 of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act

(However, since only Defendant D, among the Defendants of the first instance trial, did not appeal, Defendant B’s “Defendant B” is amended to “B”). 2. Determination

A. According to the above facts as to the cause of the claim, Defendant D is obligated to withdraw from the second floor (D), the third floor (e) and (f) of the same building (hereinafter collectively referred to as “the part occupied by the Defendant”), barring special circumstances, to the Plaintiff, who exercises the right to claim the removal of disturbance based on ownership as the owner of the instant land, barring special circumstances.

B. As to the defendant's defense, etc., the defendant set up a construction contract from the defendant Eul to April 15, 2003 with the second floor and the third floor of the building of the first floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the building of the second floor of the second floor of the second floor of the second floor of the building, and entered into a construction contract with the construction cost of KRW 91,231,00, and the defendant's possession of the above part of the building of the second floor of the first floor of the first floor of the second and third floor of the second floor of the building of the second floor of the second floor of the second floor of the second and the third floor of the second floor of the building of this case as a security right cannot be asserted against the owner of the land of this case. Thus, the defendant can be established as to whether the above part of the building of the second floor of the second floor of the second floor of the second floor of the building of the second building of the building of the second.