1. The defendant shall be the plaintiff.

(a) Attached drawings 1, 2, 3, 4, 5, 6, among the 492 square meters of the miscellaneous land in Gyeonggi-do, Gyeonggi-do;

1. The following facts may be acknowledged either in dispute between the parties or in combination with the purport of the entire pleadings in the entries and images of Gap evidence 1 to 8, Gap evidence 9-1 to 5, Gap evidence 10-1, 2, Eul evidence 1 to 11.

On October 22, 2015, the Plaintiff completed the registration of ownership transfer with respect to the land of 492 square meters (hereinafter “instant land”).

B. On August 10, 2012, the Defendant concluded a sales contract with D to purchase buildings on the instant land, E, Gyeonggi-gun, Gyeonggi-do, 950 square meters adjacent to the instant land, 60 square meters of forest land in Gyeonggi-do, 70 square meters of forest land in Gyeonggi-gun, 1,558 square meters of G-gun, Gyeonggi-do (hereinafter “three parcels of land”) and buildings on the instant land from D.

C. The Defendant completed the registration of ownership transfer on a parcel of land on September 6, 2012.

이 사건 토지 지상에 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㄱ의 각 점을 순차로 연결한 선내 (가) 부분 지상의 길이 28m, 폭 3m, 높이 6m 담장 및 별지 도면 표시 ㄱ, ㅈ, ㅊ, ㅋ, ㄱ의 각 점을 순차로 연결한 선내 (나) 부분 가로 3m, 세로 3.5m, 높이 6m 철제 시설물(이하 담장 및 철제 시설물을 ‘이 사건 철거 목적물’이라 한다)이 존재한다.

E. The object to be removed of this case was installed even before the Defendant purchased three parcels of land. The Defendant occupied and used the object to be removed of this case after purchasing three parcels of land.

F. The possession area of the object to be removed of the instant case is not more than 81m2 in total, “land in the instant dispute.”

2. The argument and judgment

A. According to the above facts of recognition as to the plaintiff's claim, unless there is a proof of legitimate title that the defendant can possess and use the removal object of this case, the defendant is obligated to remove the removal object of this case to the plaintiff and deliver the land in this case where the removal object of this case is installed.

B. The defendant's assertion