The Defendant, as the Plaintiff

(a) remove the 80.36 square meters of a single-story housing in the strekele of the land in Gangwon-do Incheon-gun C, Gangwon-do.

1. Facts of recognition;

A. On March 22, 2019, the Plaintiff purchased the Gangwon-do Incheon-gun C Group 621 square meters (hereinafter “instant land”) from D, the former owner, and completed the registration of ownership transfer on the same day.

B. E completed the registration of ownership preservation on December 31, 2019 with respect to the instant building, which is a wooden tank, a single-story house, 80.36 square meters on the ground of the instant land (hereinafter “instant building”), and the Defendant completed the registration of ownership transfer on December 31, 2019 under the name of the Defendant on the ground of donation on December 31, 2019.

C. The defendant occupies the building of this case and also occupies the land of this case.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1 and 2, the purport of the whole pleading

2. According to the above facts of recognition, the Defendant, who owned the instant building and occupied the instant land, bears the duty to remove the instant building and deliver the instant land to the Plaintiff, who is the owner of the instant land, unless there are special circumstances.

As to this, the defendant completed the registration of ownership preservation in the name of E as the defendant's attached building, and completed the registration of ownership transfer after the defendant donated the building to Eul, and Eul concluded a lease contract with D who is the former owner of the land of this case, and acquired the opposing power due to the transfer of the lease (Article 622 (1) of the Civil Act), the defendant demanded against the plaintiff to purchase the building of this case at the market price.

However, it is not sufficient to recognize that the entry of Eul evidence No. 1 alone entered into a lease agreement on the land of this case with Eul, and there is no other evidence to acknowledge it.

Even if a lease contract between E and D was concluded as alleged by the Defendant, ① the Plaintiff’s registration of ownership transfer was completed on March 22, 2019, which was after March 22, 2019, and ② the registration of ownership transfer of the instant building was completed.