The Defendant, as the Plaintiff

A. Of the 30,229 square meters of the forest C in Chungcheongnam-gun, Chungcheongnam-gun, the annexed map No. 10, 11, 3, 17, 18, 19, 20, 21, 22;

1. Facts of recognition;

A. On October 16, 2012, the Plaintiff completed the registration of ownership transfer on October 15, 2012 with respect to the land of 30,229 square meters (hereinafter “instant land”) in Chungcheongnam-gun budget-gun, Chungcheongnam-do.

B. On the ground adjoining the instant land, cement block structure and splate roof without permission (hereinafter “instant housing”). The instant land is located on the part of “B” connecting the instant building in sequence 10, 11, 3, 17, 18, 19, 20, 21, 22, 23, and 10 of the attached drawings among the instant building in sequence (hereinafter “instant housing part”). Of the instant land, the land is the site for the instant housing site by the area of “A” located on the part of the instant land connected in sequence 1,2, 3, 4, 5, 6, 7, 8, 9, and 138 square meters (hereinafter “instant land part”).

C. The defendant's mother-friendly D was living in the house of this case and died, and his heir was the defendant and E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, and purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is that the defendant is the owner or de facto disposal authority of the housing of this case, and the defendant is obligated to remove the housing of this case and deliver the land to him.

B. Determination 1) In light of social norms, a building cannot exist regardless of its site. As such, the land which became the site for the building shall be deemed to be possessed by the owner of the building. In such cases, even if the owner of the building does not actually occupy the building or its site, it shall be deemed that he/she occupies the site for the ownership of the building. The transferee who acquired the unregistered building and owned the de facto right to dispose of the building may also be deemed to possess the building site (see, e.g., Supreme Court Decisions 2006Da39157, Jul. 10, 2008; 2009Da61193, Jan. 28, 2010).