1. Upon receipt of a claim for change in exchange at the trial, the defendant shall indicate the attached real estate on the plaintiff.

1. Determination as to the cause of claim

A. 1) The Plaintiff is the owner who completed the registration of ownership preservation on the instant land on November 18, 1994. The instant building on the instant land is registered as the owner on the building ledger, and the Defendant currently occupies the instant building. 2) In the instant lawsuit in which the Plaintiff sought the removal of the instant building against the co-defendant A, B, and C, who is the deceased F’s heir, and the delivery of the instant land to the Defendant, the first instance court ordered the above co-defendant to remove the instant building, and the said decision became final and conclusive as it did not object to the said co-defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. Even in cases where the owner of land is entitled to demand the owner of the building to remove the building and deliver its site on the ground that the building has no right to use the land for its existence, if a person other than the owner of the building occupies the building, the owner of the land shall not undertake the removal of the building unless the owner of the land removes the possession of the building.

Therefore, the land ownership is deemed to have been interfered with the smooth realization of the land by the aforementioned possession. Therefore, the land owner is entitled to request the withdrawal from the building owner as an exclusion of interference based on his/her own ownership (see, e.g., Supreme Court Decision 2010Da43801, Aug. 19, 2010). Accordingly, according to the facts acknowledged above, the defendant is obligated to leave the building of this case to the plaintiff.

2. The judgment on the Defendant’s assertion was made by the Defendant’s parents and the Defendant from around 1980 to around 201, and the instant building was preserved and managed as a Confucian School for about 30 years. In the event that ordinary Confucian School management is completed, the Confucian School was conducted on the side of the Confucian School.