1. The Defendants are each indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the land size of 517 square meters in Jung-gu, Incheon.

1. Basic facts

A. The Plaintiff is an owner of 517 square meters of land in Jung-gu Incheon Metropolitan City (hereinafter “instant land”).

B. The Defendants, which is part of the instant land, are operating a restaurant with the trade name of “E” in order to set up the part of 130 square meters of the instant land, which connects each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 (hereinafter “the instant part of possession”) on the ground of the ethyl lusium and the lusium 1 Dong of the instant part of the land (hereinafter “instant building”), possessing and using the said part of the land, and operating the restaurant.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including each numbered evidence), the purport of the whole pleadings and arguments]

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion is the owner of the land of this case. Since the defendants occupy the building of this case without the plaintiff's consent, they are obligated to remove the above building and deliver the occupied part of this case to the plaintiff.

B. The Defendants’ summary of the Defendants’ assertion concluded a land lease agreement with F representing the Plaintiff on behalf of the Plaintiff, which aims to own a building with indefinite duration as to the land including the portion occupied in this case, and thus, cannot comply with the Plaintiff’s claim.

3. Determination

A. We examine the judgment as to the cause of the claim. The fact that the Plaintiff is the owner of the instant land, and the fact that the Defendants establish the instant building and occupied and used the said part of the instant land, which is a part of the instant land, is as seen earlier. Therefore, the Defendants are obliged to remove the instant building to the Plaintiff and deliver the occupied part to the Plaintiff, barring special circumstances.

B. In full view of the reasoning of the lower judgment as to the Defendants’ assertion, the Plaintiff was drafted with the lessor and the Defendant B as the lessee, taking into account the following: (a) the description of the evidence No. 1-1 and the witness F’s testimony.