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1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. (1) On September 1, 1998, the Plaintiff completed the registration of ownership transfer based on a successful bid due to voluntary auction on August 18, 1998 with respect to the land of this case 6,920 square meters (hereinafter “the entire land of this case”).
(2) Before the Plaintiff acquired ownership of the entire land of this case, the entire land of this case was owned by the Defendant, D, and E, but the Defendant obtained consent from D and E before the Plaintiff acquired ownership of the entire land of this case, and ordered the land of this case as ordered 1.
A. (1) On the ship, each of the buildings listed in paragraph (1) (hereinafter “each of the buildings of this case”) and each of the items listed in the separate sheet No. 1, 2, 3, 4, and 1 attached hereto connected each of the items listed in the separate sheet No. 15, 16, 17, 18, and 15 attached Form No. 15, and each of the items listed in the separate sheet No. 15, 15, 16, 17, 18, and 15 are constructed and owned by constructing a plastic house on the ground of 28m
A. Each of the lands listed in paragraph (2) (hereinafter “each of the instant lands”) was used as a site necessary for the location and use of each of the instant buildings (hereinafter “each of the instant lands,” and, in the case of referring to the individual land, referring only to the name of the part in the ship, referring to the “part(s)
(3) While the Defendant removed the toilets and plastic houses among the above buildings during the instant lawsuit, each of the instant buildings is still owned, and each of the instant land is occupied and used.
(4) The above facts do not conflict between the parties, or are recorded or videoed in Gap evidence Nos. 2, 4, 5, and 7 (including each of them), and the result of the first instance court’s commission of appraisal to Leecheon branch of the Korea Land Information Corporation, which was entrusted by the first instance court, may be acknowledged by the overall purport of the pleadings, and there is no evidence that obstructs this.
2. Judgment on the plaintiff's claim
A. According to the above facts of determination as to the cause of the claim for removal of buildings and delivery of land, the defendant is the owner of each of the buildings of this case and the possessor of each of the land of this case, and the plaintiff is each of the above buildings.