1. The defendant shall be the plaintiff.

A. Of the area of 2,130 square meters in Busan Geum-gu, Busan, the area of “A” indicated in the attached drawing shall be 17 square meters in size.

1. Determination on the cause of the claim

(a) The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 and 2, and the purport of all pleadings as a result of each request for measurement appraisal to the Korea Land Information Corporation in this Court.

(1) As between August 25, 1987 and June 25, 1996, the Plaintiff completed the registration of ownership transfer with A on the land of Geumcheon-gu Busan (hereinafter “instant land”) 2,130 square meters in common with A.

(2) When the Defendant operates the inspection of the name “E” centering on the land and the above-ground buildings located in the vicinity of the instant land, the Defendant occupied and used part of the instant land as part of the instant land, and occupied and used part of the building indicated in the attached Form No. 17 square meters, a warehouse on the ground of 5 square meters in the part of “A”, a kitchen on the ground of 30 square meters in the part of “C”, a kitchen on the ground of 21 square meters in the part of “C”, a kitchen on the ground of 21 square meters in the part of “C”, and a building on the ground of 15 square meters in the part of “Ma” (hereinafter referred to as “each of the instant land”).

B. According to the above facts of recognition, the defendant has a duty to remove each of the buildings of this case and deliver the part of the land of this case to the plaintiff seeking the preservation as co-owner of the land of this case, unless there is a legitimate title to possess the part of the land of this case.

2. Judgment on the defendant's assertion

A. The summary of the argument is that the Defendant used each of the instant buildings from January 2008, and occupied the instant land portion. The Plaintiff knew of this and accepted it as being well managed and used without any objection to the Defendant, and thus, the Plaintiff’s claim is unreasonable.

B. As to whether the Defendant has accepted the Plaintiff’s possession and use of each of the instant building and the instant land parts, the health room and the recognition thereof.