The defendant shall be the plaintiff 2,471 square meters above ground 2,471 square meters in Namyang-si, Namyang-si, and one-story animal and one-story roof.

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is located within the area of 2,471 square meters in Namyang-si, Namyang-si (hereinafter “the Plaintiff’s land”).

The owner who completed the registration of ownership transfer on August 12, 2003 due to the sale on July 20, 2003, and the defendant is 2,580 square meters of D forest land adjacent to the land of the plaintiff of this case (hereinafter "the defendant of this case").

The owner who completed the registration of transfer of ownership on November 14, 1997, with respect to the size of 185.12 square meters for a stable of the first floor, a livestock shed of the first floor, a livestock shed of the first floor, and a 123.96 square meters for a warehouse of the first floor, which was located on the ground of donation from November 7, 1997.

2) Some of the Defendant’s buildings in this case are located within the boundary of the instant Defendant’s land, but part 1 of 241 square meters in part 1, which is most part of 241 square meters as indicated in paragraph (1) of this case among the Defendant’s buildings (hereinafter “the instant part 1,” and the relevant part’s site “the instant part 1 site”).

It is constructed on the ground of the Plaintiff’s land outside the boundary of the Defendant’s land.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant, which occupied the land for the part A of this case owned by the Plaintiff as the building for the part A of this case, has a duty to remove the part A of this case to the Plaintiff and deliver the site for the part A of this case to the Plaintiff, except in extenuating

2. Judgment on the defendant's defense

A. On November 7, 1997, the Defendant acquired ownership by gifting the Defendant’s land and each of the buildings on the ground thereof, and the land for the instant case where the Defendant’s building is located is considered to be land included in the Defendant’s land as a matter of course, and it is peacefully occupied with the intent to own for a period exceeding 20 years thereafter.

As such, a part of the land of this case is the site.