토지인도등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The fact-finding and judgment of the first instance court are deemed legitimate even if the evidence submitted to this court by the first instance court citing the evidence duly examined by the court of first instance is neglected.
Therefore, the reasoning of the judgment of this court is as follows, and it is identical to the reasoning of the judgment of the court of first instance, except for the following dismissal or addition, and thus, it is acceptable in accordance with the main sentence of Article 42
2. The height of the judgment of the court of first instance is as follows: 6th to 16th parallel 7th parallels in the judgment of the court of first instance.
However, in light of the following circumstances acknowledged by the evidence as seen earlier, namely, the Defendant purchased the adjacent land of this case without accurate boundary surveying, and constructed the above provisional building more than one year after the purchase, and there is no evidence to support the Defendant’s continued possession of the adjacent land of this case from the date of the construction of the provisional building to the date of the instant dispute, and the Defendant’s continued possession of the said dispute since it cannot be confirmed at all the time, location, size, and boundary of the building, and it is difficult to conclude that the Defendant continued possession of the said dispute portion through the provisional building on the ground that there was no evidence to support the Defendant’s testimony for the first instance trial on the following grounds: < Amended by Presidential Decree No. 13581, Nov. 4, 192; Presidential Decree No. 13580, Oct. 16, 1992; Presidential Decree No. 13785, Feb. 23, 200; Presidential Decree No. 13585, Feb. 19, 2006>
6. In the first instance judgment, the "899 square meters" in the 19th place shall be deemed "89 square meters".
3. On the seventh anniversary of the judgment of the first instance, the addition shall add the following:
3. The Defendant renounced the exercise of ownership since the Plaintiff purchased the instant land from the date of the purchase to the date of the lawsuit of this case, and did not raise any objection against the Defendant’s possession of the instant dispute.