1. The defendant shall order each point of the attached Form 1, 2, 3, 10, 11, and 1 among the buildings listed in the attached Table list to the plaintiff.

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Plaintiff’s land of Yongsan-gu Seoul Metropolitan Government 182.1 square meters (hereinafter “instant land”).

(2) Nonparty C without title owns an unauthorized building on the instant land without title.

3) Of the above unauthorized buildings, the Defendant is about 50 square meters in part (Ga) connected in sequence to each point of (Ga) of the annexed drawings indicating 1, 2, 3, 10, 11, and 1 among the above unauthorized buildings (hereinafter “instant building”).

(4) The Plaintiff filed a lawsuit against C, etc. seeking removal of the building, etc. on the instant land, including the instant building, and was sentenced by this court on October 17, 2013 to accept the Plaintiff’s claim (this Court Decision 2012Gahap31239), and the above judgment became final and conclusive around that time.

[Judgment of the court below] The ground for recognition is without dispute, Gap 1 through 4, and the purport of the whole pleadings

(b) Even in cases where the owner of land is entitled to request the owner of the building to remove the building and deliver its site on the ground that the building has no 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 implement the removal, etc. of the building unless the owner of the land removes the possession of the building;

Therefore, the land ownership is deemed to be hindered in the smooth realization of the land by the above possession. Therefore, the land owner can seek a removal from the building owner as an exclusion of interference based on his own ownership.

(2) In light of the above legal principles, the Defendant who occupies the instant building without title on the instant land is the owner of the instant land and exercises the right to claim the removal of disturbance. In light of the above legal principles, the Defendant is against the instant building, which is the owner of the instant land and exercises the right to claim the removal of disturbance.