1. The defendant shall remove the building indicated in attached Table 1 List 2 to the plaintiff, and the land indicated in attached Table 1 List 1 Paragraph 1 to the plaintiff.

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1, 3, and 5 (including the branch numbers; hereinafter the same shall apply) without dispute between the parties, or there is no counter-proof.

On July 22, 2009, in order to preserve the claim for construction cost against the Defendant, the Plaintiff entered into a mortgage agreement with the Defendant on the land listed in attached Table 1 List No. 1 (hereinafter “instant land”) as well as the land set forth above and the building of 12 square meters in total, an extractment and extractment building (hereinafter “former building”) as to the land set forth in attached Table 1 List No. 1 (hereinafter “instant land”) owned by the Defendant, and completed the registration of the establishment of a neighboring to the instant land and the previous building.

B. Since then, as the Defendant failed to repay his debt to the Plaintiff, the Plaintiff applied for voluntary auction on the instant land and the Gu building and carried out the auction procedure to the Incheon District Court C. In that process, the old building that the Plaintiff had completed the registration of establishment of mortgage had been already destroyed for a long time, and the building existing on the instant land is a building in an unregistered state, such as the attached Table 1 List 2 (hereinafter “new building”).

Accordingly, the Plaintiff withdrawn the application for auction on the old building, and as a result of auction on the land of this case, the Plaintiff was awarded a successful bid on March 17, 201 and completed the registration of ownership transfer on March 22, 201.

C. The new building is existing on the ground level in the ship which connects each point of Annex 11, Annex 2, Annex 12, 13, 14, and 11 among the land of this case, and is currently owned by the defendant.

2. The parties' assertion

A. At the time of the establishment of the right to collateral security on the instant land and the previous building from the Defendant, the Plaintiff: (a) believed that the previous building on the registry was a new building; and (b) concluded a contract to collateral security with such content; and (c) concluded the auction procedure.