1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. By means of the reduction of claims in the trial.

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on July 7, 2001 with respect to V large 249.9 square meters (hereinafter “instant land”). The Plaintiff is the owner of the instant land and the building (attached Form 1; hereinafter “instant building”) located on the land of this case and the land of this case located on the Yan-si Yan-si Yan-si 107 square meters (hereinafter “instant building”).

B. On July 16, 2003, the Plaintiff filed a claim for rent against W Co., Ltd. with Seoul District Court Decision 2002Gapo237900, and rendered a judgment in favor of the Plaintiff on July 16, 2003 that “A Co., Ltd. shall pay rent of KRW 511,000 per month to the Plaintiff until the building of this case is demolished or the ownership is lost.” The above judgment became final and conclusive around that time.

C. Since W Co., Ltd. did not pay the rent in accordance with the above final judgment, the Plaintiff filed a lawsuit against W Co., Ltd. with Seoul Southern District Court 2007Gadan3503, Jul. 11, 2008 to remove the building, etc., and on July 11, 2008, the said court rendered a judgment in favor of the Plaintiff that “C Co., Ltd. shall remove the 178.6m2, 178.6m2, 178.6m2, 3m2, 178.6m2, 3m2, and 178.6m2 on the part of the instant building on the instant land connected the Plaintiff with the appraisal of the attached Table 6,7,8,9, and 6m2 to the Plaintiff among the instant building on the instant land.” The said judgment became final and conclusive around that time.

(hereinafter referred to as "existing final and conclusive judgment") d.

The defendant, on January 17, 2003, occupies the building of this case as a person of chonsegwon who completed the registration of establishment of chonsegwon with codefendant B of the first instance court on January 17, 2003.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The building for determining the cause of the claim is not equipped with the right to use the land for its existence, and the owner of the land is against the owner of the building in question.