1. The defendant shall be the plaintiff.

A. Of the Seo-gu Busan Seo-gu 218 square meters, the attached appraisal map No. 8, 9, 10, 20, 19, 18, 17, 16, 8.

1. Basic facts

A. On October 26, 2012, the Plaintiff acquired ownership by winning a successful bid of the Seo-gu Busan Metropolitan City 218 square meters (hereinafter “instant land”).

B. On the ground of the Seo-gu Busan, Seo-gu, Busan (hereinafter “instant D”) which is adjacent to the instant land, there is an unregistered unauthorized building (hereinafter “instant building”).

The defendant is the owner of the D's land of this case and resides in the building of this case.

다. 한편 이 사건 건물의 일부인 화단, 마당, 대문, 철근콘크리트조 슬래브지붕 등은 경계를 침범하여 이 사건 C 토지 중 별지 감정도 표시 8, 9, 10, 20, 19, 18, 17, 16, 8의 각 점을 순차로 연결한 선내 ㈑ 부분 28㎡(이하 ‘이 사건 해당 토지’라고 한다) 지상에 위치하고 있다.

[Reasons for Recognition] The facts without dispute, Gap 2 and 3 certificates (including additional numbers), the result of this court's request for surveying and appraisal to the south Vice-Governor of the Busan Busan Metropolitan City Headquarters, the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) Where a building constructed on another’s land is unregistered and the ownership of the building is infringed due to that building, the person obligated to remove the building is in a position to legally and de facto dispose of the building (see, e.g., Supreme Court Decision 91Da11278, Jun. 11, 1991). A person who acquires and occupies an unregistered building by transfer is in a position to legally and de facto dispose of the building (see, e.g., Supreme Court Decision 87Meu3073, Feb. 14, 1989). Moreover, the transferee who acquired and owned an unregistered building and owned de facto disposal rights over the building can be deemed to have occupied the building site (see, e.g., Supreme Court Decision 2009Da61193, Jan. 28, 2010). In full view of the purport of each of subparagraphs 1 through 3, 198-type E. 196.