The Defendant, on the part of the Plaintiff, is not less than 1478 square meters prior to C in Jeju City:

(a)boards which connect in sequence 1 to 17 and 1 annexed drawings.

Basic Facts

The Plaintiff is the owner of land of 1478 square meters prior to C in Jeju-si.

The Plaintiff filed a lawsuit against the lessee D, etc. of the pertinent land under the Jeju District Court Decision 2018Da3976 against the Plaintiff seeking delivery of the building as stated in the Disposition No. 1 due to the cancellation of the lease agreement, and the appellate court rendered a judgment citing both the Plaintiff’s claim for delivery by the judgment of Jeju District Court Decision 2019Na13261 (principal suit) and 2019Na13278 (Counterclaim) Decided June 24, 2020.

The above judgment was finalized on July 17, 2020.

The parts related to the building described in Paragraph (1) of this case in the order of the above related judgment are as follows.

Defendant D: (a) deliver to the Plaintiff (Counterclaim Defendant); (b) the part of “A” part of “A,” which connects the Plaintiff in sequence 1478 square meters prior to Jeju, and 153 square meters of “A,” and the part of “A,” which connects in sequence 22 through 31, and 22 of the same drawing, to the Plaintiff in sequence; (c) the part of “A,” which connects 33 square meters of “A,” and the part of “A,” which connects 32 through 35, and 32 of the same drawing; and (d) the part of “A,” which connects 36 through 39, and 36 square meters of “A,” and the part of “a” portion of “a,” which connects 18 through 21, and 18 of the same drawing.

[Based on the recognition, Gap evidence Nos. 1 and 2 (including the paper number), and the purport of the entire argument as to the ground of claim, the plaintiff filed a lawsuit seeking the delivery of each building as stated in the Disposition No. 1 as to D, etc. as stated in the above basic facts, and received a favorable judgment.

However, since the defendant occupies each of the above buildings without any title, he seeks the removal of the above buildings against the defendant.

In case where a landowner is able to request the removal of the building and delivery of the site to the owner of the building because each of the above buildings has no right to use the land for its existence, a person other than the owner of the building occupies the building.