1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. D completed the registration of ownership transfer in each of its titles on January 16, 1973 with respect to the land of this case, and on January 16, 1973 with respect to the land of this case, the E-type 532 square meters in Jeonyang-gun (hereinafter “the land of this case”)

B. The F completed the registration of ownership preservation on the instant building on December 26, 1980, and on January 10, 1984, the F completed the registration of ownership transfer on each of the instant land.

C. As to each of the instant lands and the instant buildings, the registration of creation of a mortgage in the name of G, the maximum debt amount of which is KRW 82,500,000,000, was completed as to May 7, 1993. On March 7, 1994, the voluntary auction procedure for the said land and buildings was initiated, and HA and the instant land No. 2 and the instant building were awarded a successful bid, respectively.

As to the land No. 1 of this case, the transfer registration under the Plaintiff’s name was completed on August 19, 2014 through J and K. As to the land No. 2 of this case and the building of this case, the transfer registration under the Defendant’s name was completed on December 23, 201 through L, M, N, andO.

E. Of the instant building, the part (B) of the instant building that connects each point of 11, 12, 13, and 11, is located on the land of this case. Of the instant building, the part (A) of the instant building, which connects each point of 8, 9, 10, and 8, is used as the back end of the instant building.

[Ground of recognition] A without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1 and 2 (including a provisional number; hereinafter the same shall apply), the result of the on-site verification by this court, the result of the appraiser P's survey and appraisal, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant, as the owner of the instant building, possessed the part concerning (A) of the instant land No. 1 among the instant land, shall remove the part concerning (b) and (b) the part concerning the instant land located on the ground among the instant building to the Plaintiff, the owner of the instant land, barring any special circumstances. The Defendant shall remove the part concerning (a) and currently occupy the back of the said land.