2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On July 8, 2005, the land in this case was divided into the land in this case and the land in this case, and the land in this case, ② E field 496 square meters, ③ F field 36 square meters.

B. A around October 18, 2005, the Defendant purchased the land of paragraph (2) from A and newly built a house on the ground at that time after completing the registration of ownership transfer on October 19, 2005. At that time, the Defendant currently occupied each part of the purport of the claim among the land of this case adjacent to the land of this case.

[The part (f) part (86m2) is being used as a marina for the foregoing house].

C. A filed the instant lawsuit with the wife on January 22, 2014, when the first instance trial procedure was in progress, and died. D.

On March 4, 2014, the Plaintiff took over the A litigation procedure after completing the registration of ownership transfer in its name on the ground of inheritance by division of agreement as of January 22, 2014.

【In the absence of dispute, Gap 1 through 3(including each number), the verification result of this court, the appraiser G's appraisal result, the inquiry result of this court's net branch office of the Korea Cadastral Corporation, the purport of the entire pleadings, as a whole.

2. According to the facts of paragraph (1) as to the cause of the claim, the defendant is obligated to deliver each of the above possession parts to the plaintiff seeking the exclusion of interference as the owner of the land of this case and to take and remove the things, structures, etc. on the ground, unless there are special circumstances.

3. The defendant's assertion and judgment

A. The assertion A agreed to sell the part to the Defendant later by accepting the Defendant’s use of the part above ground, which is currently occupied by the Defendant, as a drainage channel, sewage pipe, electrical seal line, etc., from the underground of the part above the instant land at the time of the Defendant’s new construction of a new house by purchasing the land under paragraph 1-A (2). As such, the Defendant has the right to possess it.

B. Determination 1 is used by the Defendant in the underground part of the instant land possessed by the Defendant.