1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff is the owner of C 1,007 square meters (hereinafter “instant land”).

On July 23, 2013, the Plaintiff consented to the use of the instant land with respect to D, a square, and accordingly, D constructed 22 square meters of a construction material loading site (hereinafter “the instant building”) in the order of 110 square meters in the part of “A” connected in order to each point of the attached Table 23, 24, 25, 26, and 23 on the instant land and of the attached Table 2, 3, 4, 22, 21, 20, 20, 19, and 22 square meters in each point of “A” on the instant land.

At present, the defendant occupies the building of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 4 and Eul evidence 5 and 6, and the purport of the whole pleadings

2. Even in cases where the owner of land is able to demand the owner of the building to remove the building and deliver its site on the ground that the building for determining the cause of the claim is not equipped with the right to use the land for its existence, if a person other than the owner of the building occupies the building, the owner of land shall not perform the removal, etc. of the building unless such building is removed.

Therefore, the land ownership is deemed to be hindered in the smooth realization of the land by the above possession. Therefore, the land owner may request the possessor of the building to withdraw from the building as an exclusion of interference based on his own ownership.

(see, e.g., Supreme Court Decision 2010Da43801, Aug. 19, 2010). We examine in light of the foregoing legal doctrine.

The plaintiff is the owner of the land of this case, and D newly constructed the building of this case with the consent to use the land of this case from the plaintiff, as recognized in paragraph (1), and the consent to use the land of this case was legally withdrawn.

(2) The agreement between the plaintiff and D on the land of this case is based on the expiration of the loan term or the lapse of the period sufficient to use and benefit from the land of this case.