1. The defendant shall leave the building on the ground of Gyeonggi-gun C.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Facts of recognition

The Plaintiff shared shares of 513/899 shares and 386/899 shares of 513/89 shares, respectively, in D and Gyeonggi-gun C (hereinafter “instant land”). On June 28, 2018, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property as to the said shares owned D, and as a result, registered as the sole owner of the instant land.

E, around 199, newly constructed a building on the instant land (hereinafter “instant building”), but did not obtain approval for use or obtain registration for preservation of ownership on the instant building.

The building of this case has not been registered until now.

On January 30, 2017, the Plaintiff and D filed a lawsuit against E seeking the removal of the instant building and the delivery of the instant land, based on the ownership of the instant land.

(Y) On February 7, 2018, the above court cited the part of the Plaintiff and D’s claim for removal of buildings and delivery of land on the ground that E had no title to occupy the land of this case, and the above judgment was finalized on April 25, 2018.

The defendant currently occupies the building of this case.

[Reasons for Recognition] In a case where there is no dispute, Gap's evidence Nos. 1, 3-5, testimony of witness E, the parties' assertion of the purport of the entire pleadings and the cause of claim for judgment are not equipped with the right to use the land for the existence of the building, and the owner of the land is entitled to request the owner of the building to remove the building and deliver the site, if a person other than the owner of the building occupies the building, the landowner shall not implement the removal of the building unless the owner of the land removes the possession of the building.

Therefore, the land ownership is deemed to have been interfered with the smooth realization of the land by the above possession. Therefore, the land owner may request the possessor of the building to withdraw from the building as an exclusion of interference based on his own ownership.

(b)in this case.