1. The defendant is not less than 354 square meters in Gangwon-do to the plaintiffs.

(a) in sequence 1, 2, 3, 4, 5, and 1 of the Appendix No. 1, 2, 3, 5, and 1.

1. Basic facts

A. On December 10, 2014, Plaintiff A purchased 354 square meters of Gangwon-won D (hereinafter “instant land”) and completed the registration of ownership transfer on December 12, 2014, Plaintiff A completed the registration of ownership transfer on March 16, 2015 with respect to 36/354 of the instant land.

B. The Defendant owned a 60.2 square meter (hereinafter “instant church”) with the riverwon E, Gangwon E, which is adjacent to the instant land, and occupied and used the above 13 square meters of the instant land out of the instant land as a site, by owning a block string roof building with a size of 10 square meters on the part (A) of the instant land, which connects each point of (3), 6, 7, 4, and 3 square meters of the block 2, 3, 4, 5, and 1 in sequence, among the instant land.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 through 3, the result of the request for surveying and appraisal to the chief of the Korean Land Information Corporation's corporate branch office, the purport of the whole pleadings

2. Determination

A. According to the above facts, inasmuch as the Defendant occupied the instant land by owning each prefabricated-type warehouse on the ground of 10 square meters on the part (Ga) part of the building (Ga), which was connected with each of the items in the annexed drawing Nos. 1, 2, 3, 4, 5, and 1 among the instant land, on the ground of 10 square meters, and the block set forth in the same drawing Nos. 3, 6, 7, 4, and 3 of the same drawing Nos. 3, 6, 4, and 3 of the instant land, insofar as there is no evidence of assertion as to the legitimate title to possess the instant land, the Defendant, the owner of the instant land, is obligated to remove the above 13 square meters ground buildings, warehouses, etc. and deliver the said site.

B. As to this, the Defendant asserted to the effect that the instant church building is located in the same building with the area of 13 square meters and the tenant is residing in the same building, but the right to demand removal of the instant building constitutes abuse of rights, but it may be deemed that the exercise of rights constitutes abuse of rights.