1. The defendant shall be the plaintiff.

A. Of the 3,864 square meters of land for a factory in Yangsan-si, indication 3, 4, 5, 6, 10, 9, 11, 17, 16, 15.

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the whole purport of arguments as a result of the request for measurement and appraisal to the head of the Korea Cadastral Headquarters Yangsan-si Branch of the Korea Cadastral Corporation, the Korea Cadastral Survey and Appraisal of the following: Gap 2, 3's evidence 1 to 4, Gap 6's evidence 1 to 1, Gap 8's evidence 1 to 22, Eul's evidence 1, and this Court.

On November 1, 2011, the Plaintiff purchased B factory site B 3,864 square meters (hereinafter “instant land”) from Dong-si, Yangsan-si, Yangsan-si (hereinafter “instant land”) and completed the registration of ownership transfer on December 15, 201.

B. On March 31, 2009, the Defendant owned land C and buildings adjacent to the instant land by winning a successful bid in the voluntary auction procedure for the land and buildings on the instant land. Of the instant land, part of the instant land is invaded by the Defendant on the land (B) part of which connects each point of (30 square meters on the part of (B) and 30 square meters connected to each point of (3), 4, 5, 6, 10, 9, 11, 17, 16, 15, 18, 21, and 30 square meters.

2. The assertion and judgment

A. According to the above findings of the determination as to the cause of the claim, the defendant, who is the owner of stone constructed over part of the land of this case and occupies the land of this case, is obligated to remove the above tin axis, remove the part of the land of this case, deliver the part of the land of this case to the plaintiff, who is the owner of the land of this case, and return the unjust enrichment from the possession and use of the land by the date of removal and delivery

B. As to the judgment on the defendant's defense, the defendant had been using the above stone axis from July 5, 1997, which was the previous owner of the land C in Yangsan-si adjacent to the land of this case, and there was no dispute related thereto before the plaintiff purchased the land of this case. The defendant did not know that the land of this case was invaded while using the above land and buildings at a successful bid, and the previous stone axis was removed and re- installed.