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1. The defendant is against the plaintiffs:
A. Of the area of 974 square meters in Seoyang-si, Seoyang-si D, Mangsan-si, the respective points are indicated in the attached Form 21, 23, 20, 21.
Reasons
1. Basic facts
A. On November 24, 2015, the Plaintiffs purchased D large scale 974 square meters (hereinafter “instant land”) from Yongsan-gu, Seoyang-gu, Seoyang-si (hereinafter “instant land”) from E and completed the registration of transfer of ownership under the Plaintiffs’ joint names on January 25, 2016.
B. However, among the instant land, a prefabricated building owned by the Defendant is constructed on the ground of one square meter in part (a) connected to each point of 21,23,20,20, and 21, among the instant land, on the ground of 27, 26, 15, 16, and 27, each point of which is indicated in the table of 27, 27, 26, 15, 16, and 27; there is a septic tank, sewage pipe, and water supply facility installed on the ground of 4 square meter in part (b), which connects each point of 19,24, 25, 18, and 19, and the Defendant cultivates 25 square meters of land in part
[Ground of recognition] A without dispute, entry of Gap evidence 1-1, 2, 2-2, 3-1, 6-1, 3-6, result of on-site verification by this court, result of appraiser F's appraisal, purport of whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to remove, among the land in this case, septic tanks, sewage pipes, and water supply facilities installed on the ground of the part (b) of the ship connected in the order of each point of 27,26, 15, 16, 27, such as a prefabricated building constructed on the ground of the part (a) part (a) of the attached drawing indicating 21, 23, 20, 20, 21, among the land in this case, each of the above parts of the land in this case, and to deliver 25 square meters of land connected to each point of 19, 24, 25, 18, 19 in sequence.
B. As to the Defendant’s assertion, the Defendant did not install the above septic tank, sewage pipe, and water supply facility without permission, removed the above septic tank, and installed the sewage pipe through a different channel. Since the Defendant has the right to maintain and use the sewage pipe, the Plaintiff’s claim for removal of the above septic tank, sewage pipe, and water supply facility, and the Plaintiff’s claim for delivery of the above part of the land.