1. The defendant shall be the plaintiff.

(a) Attached List;

2. Removal of the stated buildings;

(b) Attached List;

1. The stated land; and

1. Determination on the cause of the claim

A. From May 23, 1964, the land listed in the [Attachment 1] List (hereinafter “instant land”) was owned by C, the original mother of the Plaintiff, from around July 24, 2003, and the registration of ownership transfer was completed in the name of the Plaintiff, which is the fraud of C, due to donation around July 24, 2003.

(2) On the ground of the instant land, a building on which registration of ownership preservation has been made under D name on December 21, 1990 (hereinafter “instant building”). The Defendant concluded a sales contract for the instant building with D around January 5, 1996, and completed the registration of ownership transfer on the ground of the instant building on February 7, 1996.

(3) On the other hand, the mother E is one between C and the defendant.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff, who is the owner of the land of this case, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion (1) D, upon obtaining the consent of C, the landowner at the time of around 1973, newly constructed the first floor farming house on the ground of the instant land (hereinafter “instant old building”).

After that, around January 1, 1989, E purchased the building of this case in a state of not being registered from D with 8 million won, and around March 1898, E removed the building of this case with the consent of C to use the land for new construction of the building, and newly constructed the building of this case in D name.

(2) On December 21, 1990, E completed the registration of ownership transfer in the name of D with respect to the instant building, but completed the registration of ownership transfer under the agreement with D and the Defendant, under the agreement with D and the Defendant.

(3) Ultimately, between C and E, the actual owner of the instant building.