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1. The Plaintiff:
A. Defendant B, in turn, indicated in the attached Form No. 9, 10, 11, 12, and 9, among the area of 2,953 square meters in 2,953 square meters in Gangwon-gun D.
Reasons
The land was divided into 2,953 square meters on September 26, 2005 from E around September 26, 2005, and the Plaintiff completed the registration of ownership transfer on the ground of “sale on September 26, 2005” with respect to the said land on or around October 27, 2005. Of the instant land, there is a single-story house owned by Defendant B (hereinafter “instant building”) on the ground of a portion of 60 square meters located on the part inside the ship connected in sequence 9,10,11,12, and 9 of the attached drawings among the instant land. The instant building appears to have not changed the parcel number of the instant land to be located on or after May 30, 197, on the ground of the 60 square meters of the portion inside the ship connected in sequence 9,10,100,000 won among the instant land.
The facts that Defendant B completed the registration of ownership transfer on December 17, 2007, and the facts that Defendant C (the spouse of Defendant B) currently occupies and resides in the building of this case can be acknowledged in full view of the following: there is no dispute between the parties; or the purport of the entire pleadings as a result of the appraiser F’s survey and appraisal.
According to the above facts, Defendant B is deemed to interfere with the Plaintiff’s exercise of ownership as to the instant land by owning the instant building and occupying its site. Thus, barring any special circumstance, Defendant C is obligated to remove the instant building and deliver its site part to the Plaintiff, and Defendant C, who currently occupies the instant building, has the duty to leave the said building from the said building.
As to this, the Defendants submitted a written answer on July 13, 2015, but the Defendants are married, and it is deemed that the Defendants are also disputing.
A. Before the Plaintiff purchased the instant land, the instant building existed, and the Defendants acquired it and obtained consent from the Plaintiff to repair and construct the instant building.