1. The Defendant, among the land size of 121.1 square meters in the Geumsan-gu Seoul Metropolitan Government, in sequence 2, 3, 4, 5, and 2, each of which is indicated in the annexed drawings.

1. Determination as to removal and claim for the delivery of land

A. On January 9, 199, the Plaintiff purchased 121.1 square meters in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu and completed the registration of ownership transfer on February 23, 199, and acquired ownership. The Plaintiff’s purification tank owned by the Defendant is laid down within five square meters in the part inside the ship connected with each point of the attached drawing indication 2, 3, 4, 5, and 2 among the above land owned by the Plaintiff (hereinafter “instant land”). The fact that cement structures are installed is either disputed between the parties or by the entire purport of entry and pleading in the attached drawing No. 2, 3, 4, 5, and 3.

According to the above facts, the defendant is obligated to remove underground purification and cement structures within the land of this case and deliver the land of this case to the plaintiff, unless there are special circumstances such as the defendant has a legitimate possessory right.

B. The defendant's defense (1) is a defense to the effect that the plaintiff agreed to allow the defendant to keep purification and cement structures as they are on the land of this case, and thus there is a legitimate possessory right holder pursuant to the agreement. However, in light of the evidence No. 4, it is not sufficient to acknowledge the fact that the plaintiff and the defendant agreed on the agreement between the plaintiff and the defendant as alleged in the evidence No. 2.

(2) Since the Defendant acquired the ownership of the land on December 19, 197, since he had been aware of the ownership of the land in this case and had occupied it in a peaceful manner with the knowledge of his own possession, and thus, he cannot claim the removal of the septic tank and the delivery of the land to the Defendant.

Where an owner transfers real estate to a third party and a third party completes the registration of ownership transfer, while the period for acquisition by prescription expires after the expiration of the period for acquisition by prescription, the prescriptive acquisitor shall acquire by prescription against the third party.