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1. The defendant shall be the plaintiff.
A. Of D Forest land 84,97 square meters in Hanam-si, Hanam-si, each point of which is indicated in 68, 71, 70, 69, 68 of the same drawings.
Reasons
1. Facts of recognition;
A. On July 12, 2017, the Plaintiff purchased the ownership of D Forest 84,997 square meters (hereinafter “instant real estate”) from E during the same period from E to E, and acquired the ownership on the same day.
B. The Defendant, in turn, installs a household building on the ground of 90 square meters, connecting each point of 72, 73, 74, 75, 76, 77, 78, 79, and 68, which are located on the ground of 144 square meters in the same drawing among the instant real estate, and each point of 72, 73, 74, 75, 76, 77, 78, 79, and 72 of the same drawing among the instant real estate, which are located on the ground of 90 square meters in the same drawing among the instant real estate. The Defendant, each of which connects each point of 62,63, 64, 65, 66, and 62, in turn, among the instant real estate in the order of 62, 63, 64,
[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 and 2 (including paper numbers) and images, the result of the survey and appraisal conducted by the branch office of the Korea Appraisal and Information Corporation, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant has a duty to remove the above house and the building installed by the defendant on the ground of the real estate of this case to the plaintiff who exercises the right to claim the removal of disturbance based on ownership, and to hand over the above house and the building on the ground of this case, which are connected in order to each point of 62, 63, 64, 65, 66, and 62 of the attached drawing owned by the defendant among the real estate of this case.
In this regard, the defendant argued to the effect that he occupied and used the part of "b" among the real estate of this case by concluding a lease agreement with F, a manager of E, the former owner, and that he/she shall exercise the right to purchase the appurtenances and the building of this case under the lease agreement. However, the evidence submitted by the defendant alone is insufficient to recognize the fact that the lease agreement was concluded between the above clan and the defendant, and there is no other evidence to acknowledge it, in light of the record of No. 2 of the above clan, the above clan shall have management right to F.