1. The defendant, among the land size of 1283 square meters in Jeonnam-gun, Jeonnam-do, the plaintiff, each of the annexed drawings 1, 2, 3, 4 and 1.

1. Basic facts

A. The Plaintiff was awarded a successful bid of 1283 square meters in Jeonnam-gun, Jeonnam-do (hereinafter “instant land”) that was owned by the Defendant during the compulsory auction procedure for D real estate auction in this Court, and paid the sale price in full on June 7, 2018.

B. Of the instant land, on the ground of 119 square meters inside the ship which connects each point of Section 1, 2, 3, 4, 1, and 19 square meters among the instant land, Nonparty E, the previous owner of the instant land, has a wooden and landscaped roof roof roof of the marry steel board (hereinafter “instant building”) newly constructed before June 2005.

C. On June 29, 2005, the Defendant purchased the instant land from Nonparty E and completed the registration of ownership transfer on September 27, 2005, and thereafter occupied and used the instant building until then.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1-4, images, and the purport of the whole pleadings]

2. Determination:

A. The parties' assertion that the plaintiff's exercise of ownership on the land of this case is restricted due to the building of this case. Thus, the defendant, who is in a position to purchase and dispose of the building of this case from E, has the duty to remove the building of this case and deliver the site to the plaintiff.

On the other hand, the defendant asserts that he did not purchase the building of this case from E, but only leased and used from the non-party F. Thus, the defendant who is not the right to dispose of the building of this case has no obligation to remove the building of this case.

B. 1) Since the removal of a building related to the relevant legal doctrine constitutes a factual act that constitutes a final disposition of the ownership, in principle, the owner (the registered titleholder has the right to remove and dispose of the building only, but the person who purchased and occupies the building has no registration title as the owner on the register.

Even if there is a position to dispose of the building in possession within the scope of the right, it is the construction of the building.