1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 5, 6, 7, 8, 5 among the land size of 78 square meters at the time of racing with the Plaintiff (Counterclaim Defendant).

1. Facts of recognition;

A. From December 2, 1987 to December 2, 1987, the Plaintiff completed the registration of ownership transfer on April 1, 2014 with respect to each of the above real estate on the ground of sale on April 1, 2014.

B. From May 30, 1983 to May 30, 1983, the building of this case was owned by Nonparty I, who is the head of the Defendant, as the Plaintiff. On November 3, 2005, the Defendant completed the registration of ownership transfer for each of the above real estate on October 10, 2005, based on the sale and purchase as of October 10, 2005.

C. Meanwhile, since the construction of the instant building, the entire land of this case was used as the site necessary for the location and use of the instant building.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), entry of Eul evidence 1 to 3, the result of this court's request for surveying and appraisal to the appraiser J, the purport of the whole pleadings

2. According to the above facts finding as to the claim of this case, the defendant owned the building of this case and possessed the part "1" (hereinafter "the building site of this case"), which connects each point of the attached drawing Nos. 5, 6, 7, 8, and 5 among the land of this case where the building of this case is located, and barring special circumstances, the defendant is obligated to remove the building of this case constructed on the ground of the building site of this case to the plaintiff who is the land owner of this case and deliver the building site of this case.

3. Judgment on the defendant's main defense and counterclaim

A. On May 26, 1983, I, the defendant's summary of the defendant's assertion, purchased the building of this case from Non-party K and occupied the land of this case. The defendant on October 10, 2005.