1. The defendant shall be the plaintiff.

A. Of the 440 square meters prior to C in macro-si, each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 shall be in sequence.

1. Basic facts

A. On September 12, 2018, the Plaintiff is the owner who acquired the ownership of 440 square meters prior to C in the process of voluntary auction of real estate owned by D and completed the registration of ownership transfer.

B. On September 4, 2018, the Defendant acquired the ownership of the E large scale 159 square meters and its ground reinforced concrete structure (framed) and the two-story detached housing (hereinafter “instant housing”) at the time of the voluntary auction procedure for real estate ownership, and completed the registration of ownership transfer.

C. However, the above A.

Of the land indicated in paragraph (1), a fence (hereinafter “instant fence”) of the instant housing is installed on the ground of the part (b) 45 square meters on the part (hereinafter “instant site”) connected with each point of the items in sequence among the land indicated in the attached drawing Nos. 1, 2, 3, 4, 5, 6, and 1, and the Defendant uses the instant site as part of the marina of the instant housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including the number number; hereinafter the same shall apply), Gap evidence Nos. 3, the result of this court's request for appraisal to the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant is the owner of the wall of this case and the possessor of the building site of this case, the owner of the building site of this case, and the defendant is obligated to remove the wall of this case and deliver the site of this case to the plaintiff

3. Judgment on the defendant's assertion

A. As to the summary of the Defendant’s assertion, the Defendant asserts that the Plaintiff was the same person as the former owner of the instant housing, including the wall of this case, prior to acquiring the instant land by auction, and that the said owner was different from the latter owner due to auction procedure, and that the legal superficies on the instant land is recognized to the Defendant, who is the owner of the instant housing, who is the owner of the instant housing.

(b)where the land and the building on the ground belong to another owner by auction of the property mortgaged by the relevant provisions;