1. The Defendant, among the 316§³ in the Yancheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, has the respective points indicated in the attached Form No. 7, 8, 9, 10, 7.

1. Facts of recognition;

A. The Plaintiff’s land owner owns the land of 316 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

B. The Defendant owned the instant land and owned a prefabricated-type building (hereinafter “instant building”) on the ground of 7 square meters on board, which connects each point of “A” part of the attached Form No. 46 square meters and 11, 12, 13, 14, and 11 in sequence among the instant land, which connects each point of “A” to each point of “A” and “B” part of the attached Form No. 7 square meters in sequence.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, each entry of Gap evidence 1 to 4 (including paper numbers), the result of appraiser D's survey and appraisal, the purport of the whole pleadings

2. Determination

A. The Plaintiff owned the instant land, and the Defendant owned the instant building located on the ground of the instant land.

Since a building cannot exist regardless of its site under social norms, the land which became the site for the building shall be deemed to be possessed by the owner of the building.

(1) The Defendant is obligated to remove the instant building and deliver the site to the Plaintiff, unless the Defendant proves his/her separate title to possess the instant land. Therefore, unless the Defendant proves his/her separate title to possess the instant land, the Defendant is obligated to remove the instant building and deliver the said site to the Plaintiff.

B. On September 20, 2009, the Defendant prepared and delivered a letter (Evidence No. 5) stating that “the Plaintiff shall withdraw from, or purchase the site from, the instant building by the end of 2012” to the effect that the Defendant had the right to possess the site of the instant building. (B) On August 6, 2011, the Defendant promised to remove the instant building by August 201, to the Plaintiff by the end of 201.

The 7-year rental fee is not paid, and this is promised to be settled.

If the promise is not observed, the building of this case is to be removed compulsorily.