1. The defendant has each point on the attached sheet No. 1, 2, 11, 12, 10, 9, and 1 among the attached sheet No. 454m2, Asan-si, Asan-si.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer in its name on March 2, 2009 on the ground of donation on February 26, 2009 with respect to the land owned by 466m2 (hereinafter “Plaintiff-owned land”).

B. The Defendant owns a building [the building indicated in paragraph (1) [the building] 31 square meters and buildings [the attached building] 11 square meters and 11 square meters, hereinafter collectively referred to as “the building owned by the Defendant] adjacent to the Plaintiff’s land. A part of the building owned by the Defendant intrudes on the part of the land owned by the Plaintiff, which is the sum of 42 square meters in total (a) and (b) of the part of the land owned by the Plaintiff (hereinafter referred to as “the part of the instant flood”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, and the result of the cadastral survey appraisal conducted by the Korea Cadastral Survey Corporation on April 30, 2014, the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant is obligated to remove the part of the building located in the part of the instant bed and deliver the land to the Plaintiff, the owner of the land, as long as the Defendant did not assert and prove a legitimate right to possess the part of the instant bed part of the land owned by the

3. Judgment on the defendant's defense

A. The summary of the defense 1) The Defendant’s defense based on the agreement is the Plaintiff and the Defendant indicated in paragraph (1) of the order that the Defendant obtained permission to occupy and use from Asan-si / [C] and / [d] total land area of 96 square meters (hereinafter “instant parking lot

(2) The Plaintiff agreed to exchange and use the part of the instant crime owned by the Plaintiff, and according to the agreement, the Plaintiff is a church parking facility to which the former land belongs, and the Defendant occupies and uses the latter’s land as the site of the building owned by the Defendant. Therefore, as the Defendant has a legitimate title to occupy the part of the instant crime in accordance with the agreement above, it is impossible to comply with the Plaintiff’s request. (2) The Plaintiff’s written evidence Nos. 1 and Nos. 1 and 3-11 (including each number), and the Korea Cadastral Survey Corporation’s cadastral survey conducted on September 23, 2014.