1. The Defendants are in turn indicated in the separate sheet No. 1 to 12, and 1 among the land size of E 1,653 square meters in the city of Innju to the Plaintiff.

Facts of recognition

On March 24, 2004, the Plaintiff completed the registration of ownership transfer with respect to E forest land E 1,653 square meters (hereinafter “instant land”).

Of the instant land, there exists one unit of the instant land owned by F with the steel frame string string string 1 and one unit of the instant housing (hereinafter “instant housing”) on the part (A) and 99 square meters above the size of 12, and 1, connected each point of the instant land in sequence.

On May 13, 2015, the Plaintiff filed a lawsuit against F to seek the removal of the instant house and the transfer of the instant land (U.S. District Court Decision 2015Da21839 case, hereinafter referred to as “the instant case”), and the said court rendered a judgment accepting the Plaintiff’s claim on September 22, 2016.

The F appealed from the above judgment (U.S. District Court 2016Na71454 case), but the above court rendered a judgment dismissing F’s appeal on August 25, 2017.

Defendant B, around June 9, 2017, around April 7, 2016, and around May 25, 2017, Defendant C entered into a lease contract with F, the owner of each of the instant housing, and had lived in the instant housing until now since that time.

(Reasons for Recognition) Facts without dispute, entries or images of Gap evidence 1, 2, 5, and 7 (including each branch number), and the purport of the whole pleadings.

The Plaintiff’s assertion that the Plaintiff did not have the title to occupy the instant land, and the Defendants possessed the instant housing. As such, the Plaintiff filed a claim against the Defendants for withdrawal of the said housing for the removal of the said housing.

The Defendants have the right to possess the instant housing since they leased the said housing from F, the owner of the instant housing.

Therefore, the Plaintiff’s claim of this case is unreasonable.

Judgment

A person who is not the owner of a building shall be entitled to request the owner of the building to remove the building and deliver the site, even if the building has no right to use the land for its existence.