1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed in entirety.

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the part concerning “basic facts” under Article 420 of the Civil Procedure Act.

2. Assertion and determination

A. The Defendant asserted that he owned the building of this case with A, and infringed the Plaintiff’s ownership, a joint right holder of the land of this case, which is the land of this case.

Therefore, the defendant is obligated to remove the building of this case to the plaintiff, deliver the above part of the land, and return the money calculated by the ratio of KRW 451,365 to KRW 60,380 per month during the period from May 10, 2016 to December 23, 2016 for which the plaintiff acquired the land of this case to December 23, 2016.

B. 1) The summary of the Defendant’s assertion 1) The building of this case is not the existing unauthorized building that was purchased at the same time with A when they jointly purchase the land of this case, but the building that was owned by A arbitrarily after the said unauthorized building was removed at around 1993. The Defendant did not occupy and use the land of this case. The Defendant stated that the Defendant jointly purchased the building of this case at the date of the first instance trial of the court of first instance that it was erroneous in understanding the full bench’s inquiry and jointly purchased the existing unauthorized building. The Defendant stated that “the Defendant would purchase the building of this case as at the date of the first instance trial of the court of first instance,” and that “the Defendant would purchase the building of this case as at the date of the first instance trial of the court of first instance,” and that it is apparent in the record that the Defendant stated that “the building of this case was jointly owned as at the date of the first instance trial of the court of first instance,” and thus, the Defendant was led to a confession

B) The fact that confession in court was made without the consent of the other party and that the confession was caused by mistake that the confession was not in conformity with the truth, and that the confession was made.