1. The defendant shall be the plaintiff.

(a) deliver 933 square meters prior to C at the time of stay;

B. Indication 1, 13, 14, 14.

1. Basic facts

A. The land owned by the Plaintiff is 933 square meters prior to C at the time of residence, and the land owned by the Plaintiff prior to D prior to D at the time of residence adjacent to D (hereinafter “D land”) is the land for which the Plaintiff owns 587/1103 shares, E is 187/103 shares, F is 238/103 shares, and G is 91/103 shares.

B. The Defendant newly constructed and used a container, workplace, low temperature warehouse and a building composed of housing (hereinafter “instant building”) over the land C and D, owned a vinyl house (hereinafter “instant vinyl”) in part of the land C, cultivated a plastic house without holding it, and occupies and uses the entire land of C in other parts of the land C, such as spoling down a rural farm in other parts of the land.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4-1, Eul evidence 18-18, the result of this court's request for survey and appraisal with H, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, without the Plaintiff’s consent, occupied and used all the above land by constructing the instant building on land C, etc. and owning a vinyl house. As such, the Plaintiff is obligated to remove the parts located on land C and the instant vinyl house and deliver the said land.

Even if the above land was leased, the loan was established.

Even if there was a considerable period of use and profit-making, and the plaintiff terminated the loan agreement, the defendant is obligated to respond to the plaintiff's claim.

B. The Defendant constructed a new building under a loan agreement with the Plaintiff and constructed a plastic house, and the Plaintiff may not terminate the loan agreement for use, since the period sufficient to use and benefit has not yet lapsed. If the loan agreement was terminated, the Defendant shall exercise his right to purchase the building.

3. Determination

A. The number of Gap evidence Nos. 1 to 9 and Eul evidence Nos. 4 to 22 can be found as to whether the loan contract has been concluded.