1. The defendant shall remove the building listed in the attached list No. 1 to the plaintiff, and among the land listed in the attached list No. 2.

1. Facts of recognition;

A. On April 21, 1980, the Plaintiff completed the registration of initial ownership relating to the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”).

B. On August 10, 2010, the Defendant completed registration of initial ownership relating to the buildings listed in paragraph (1) of the [Attachment List (hereinafter “instant building”).

다. 이 사건 건물은 이 사건 토지 지상에 건축되어 있고, 피고는 이 사건 건물을 소유하면서 이 사건 토지 중 별지 도면 표시 1, 2, 3, 4, 5, 1의 각 점을 순차로 연결한 선내 ㈎ 부분 100㎡(이하 ‘이 사건 대지’라고 한다)를 점유하고 있다.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 3 (including virtual numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the Defendant is obligated to remove the instant building to the Plaintiff, who is the owner of the instant land, and deliver 100 square meters of the instant land among the instant land.

B. As to this, the defendant allowed the defendant to use the site of this case in KRW 30,00 per annum, and agreed to demand the return of the site of this case around April 2006 and again allow the defendant to use the site of this case until his survival, so the defendant has the right to use the site of this case. However, there is no evidence to acknowledge this, and the defendant's defense is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.