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1. The Defendant is the Plaintiff’s Yong-gun Co., Ltd. 2,843m2, D forest land 5,446m2 and 5,446m2.
Reasons
1. Facts of recognition;
A. On October 22, 2002 with respect to the land of this case, the registration of ownership transfer in the name of the Defendant was completed on October 1, 2005, and on December 1, 2005, the registration of ownership transfer in the name of E was completed on December 1, 2005 with respect to the land of this case on March 7, 201 through the right to collateral security (hereinafter “instant right to collateral security”) located on December 1, 2005.
B. The Plaintiff was sold the instant land on October 27, 2016 at the above auction procedure, and completed the registration of ownership transfer on the ground thereof.
C. The Defendant constructed the instant building and the instant building on a 5,446 square meters of land and D forest and a 5,446 square meters of land (hereinafter “instant building”). Among the instant building, the portion of “1” in the instant building, which was connected in sequence to each of the items of “1” and “219 square meters on the instant land, was located on the instant land.
[Evidence Evidence: Records or images of Evidence A (including paper numbers) 1 through 4; the result of a request for surveying and appraisal to the chief of the Korea Land Information Corporation and the branch offices of both Korea Land Information Corporation and the purport of the whole pleadings]
2. Judgment on the parties' arguments
A. According to the above facts of determination as to the cause of the claim, unless the Defendant did not have the title to occupy the land of this case, the Defendant removed the portion 219 square meters in part 1 of the instant building constructed with the boundary of the said land over the Plaintiff, who is the owner of the said land, and is obligated to deliver the portion 219 square meters in part 1 of the said land.
B. On August 15, 2005, the Defendant constructed the instant building on the instant land by constructing the instant building from around August 15, 2005 to around November 1, 2005 for a joint business called F jointly with E. The owner of the instant land changed to the Plaintiff due to the auction by exercising the right to collateral security, and the instant building changed to the Plaintiff.