1. The defendant shall be the plaintiff.

(a) deliver 860 square meters in Chungcheongnam-gun, Jeonnam-gun C, and

B. The above A.

land described in paragraph (1);

1. Facts of recognition;

A. On January 21, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale on October 27, 2015, with respect to 860 square meters (hereinafter “instant land”).

B. On March 13, 2018, the Defendant: (a) completed a move-in report in Hamyeong-gun, Hamyeong-gun, the address of the road name of the instant land; and (b) asserted that the instant land was acquired by transfer in sequence two cement-free buildings (hereinafter “instant building”) connected each other with the instant ground surface drawings 1, 2, 3, 4, and 1 successively connected each other; and (c) held the instant land.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2, Eul evidence 4, the purport of whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) asserts that the defendant acquired the building of this case in succession without a legitimate title. Since the plaintiff occupies the land of this case, the plaintiff who is the owner of the land of this case seeks removal of the building of this case and delivery of the land of this case as stated in the order.

(2) The defendant's assertion is a fraudulent act of E, which was the owner of the building of this case, and is the disposal authority who lawfully acquired the building of this case in order through F, G, and E, residing in the building of this case and occupied the land of this case. Thus, the plaintiff's claim of this case cannot be complied with

B. The reasoning that the Defendant is a lawful transferee or disposal authority of the instant building does not have a legitimate title to occupy the instant land, and there is no assertion or proof as to the grounds for recognizing that the Defendant had a legitimate title to occupy the instant land.

Therefore, the Defendant is obligated to remove the instant building to the Plaintiff, who is the owner of the instant land, and deliver the instant land to the Plaintiff.

The defendant's assertion disputing the plaintiff's claim of this case is without merit.

3. Conclusion, the plaintiff's claim of this case is accepted with merit, and it is ordered to accept it.