1. The defendant removes the building indicated in the attached list 2 to the plaintiff, and delivers the land indicated in the attached list 1 to the plaintiff.

Facts of recognition

Attached Form

On August 17, 1994, the ownership transfer registration for the land listed in the List 1 (hereinafter “instant land”) was made on May 3, 1994, and on January 5, 2017, the Plaintiff was registered on July 13, 2016, for inheritance by agreement division.

Attached Form

On May 26, 1995, the registration of ownership transfer for the building listed in the list 2 (hereinafter referred to as the “instant building”) was made on April 25, 1995, and on December 28, 2010, the registration of ownership transfer was made on January 12, 2005 on the part of the defendant on December 28, 201.

[Grounds for recognition] There is no dispute. According to the facts of recognition as above, Gap evidence Nos. 1 through 4 (including the branch number if there is a serial number) and the purport of the whole pleadings, since the defendant owns the building of this case on the land of this case owned by the plaintiff, unless the defendant proves that there is a special title to occupy the building of this case, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff.

Although the defendant asserts that the plaintiff is going through a sale procedure to purchase the land of this case from the plaintiff, such ground does not constitute a justifiable ground for refusing the plaintiff's claim of this case, so the defendant's above assertion is without merit.

In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.