A. On January 20, 2017, the Plaintiff purchased D orchard 9,037 square meters in Gyeong-gun, Seongbuk-gun, Seongbuk-do, and completed the registration of ownership transfer on the said land on February 24, 2017.

B. The Defendant is the owner of the area of 876 square meters, adjacent to the area of 9,037 square meters in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, and the adjacent area of 9,037 square meters.

C. The Defendant occupies the said land by cultivating 32, 35, 36, 37, 39, 27, 28, 29, 30, 31, and 32 of the drawings, which are the same as the part of (b) part of (b) in the ship connected with each of the points of (b) 8 square meters in sequence, among the area of (b) 1, 2, 34, 33, and 1 of the attached drawings, among the area of (c) 9,037 square meters in Gyeong-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Defendant successively connected each point of (c) part (c) and 79 square meters in the ship (hereinafter collectively referred to as the “instant land”).

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1, 2, and 4 (including the number of branch offices), the result of the commission of surveying and appraisal to the sexual branch offices of the Korea Land Information Corporation, the purport of the entire pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant occupies the land of this case without any right to possess the land of this case, which is owned by the plaintiff, and thus, the plaintiff must deliver the land of this case

B. 1) According to the above facts of recognition, the defendant shall deliver the land of this case to the plaintiff, barring any special circumstances. 2) The defendant asserts that the land of this case is not compatible with the boundary on the public cadastral book, but with the land of this case where the actual boundary is based on the boundary, and that the land of this case is owned by the defendant, and thus, the plaintiff does not have any obligation to deliver the land of this case

However, each evidence such as photographs submitted by the defendant alone is insufficient to recognize that the land in this case is not inconsistent with the boundary on the cadastral record, and there is no other evidence to recognize it.

In addition, if a specific land is registered as a parcel of land by the cadastral record, the location, lot number, land category, land category and boundary of the land shall be as follows.