1. Basic facts

A. On October 29, 1990, the Plaintiff completed the registration of transfer of ownership on August 30, 1990 with respect to the land of two parcels, including the land of the said two parcels and the land of the said two parcels, which was made on August 30, 1990.

B. Around 1968, the Defendant’s fleet constructed a wooden farm and fishing village house (hereinafter “instant building”) with a size of 83.6 square meters on the ground of 413 square meters prior to E. The instant building, which connects each point of the attached Table 11, 9, 10, and 11 among the instant land, is located in a ship which connects each point of 9, 24, 23, 22, 22, 22, 21, 26, 25, 10, and 9 square meters of the attached Table 9, 24, 23, 22, 22, 21, 26, 25, 10, and 9.

C. On July 8, 1981, the Defendant acquired E land and this case’s building from the Defendant’s fleet, and completed the registration of ownership transfer for E land due to sale on December 30, 1972.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4 (including branch numbers, if any) and Eul evidence 1 and 2; Eul evidence 1 and 2; the result of the on-site inspection by this court; the result of the appraiser F's survey and appraisal; the purport of the whole pleadings

2. The assertion;

A. The Defendant is obligated to remove the part of the building in the dispute and deliver the site in the dispute to the Plaintiff, as it interferes with the Plaintiff’s exercise of ownership by owning the part of the building in the dispute on the instant land owned by the Plaintiff.

B. Since around 1968 when the Defendant constructed the instant building, the Defendant’s fleet and the Defendant occupied the dispute site in peace and public performance with the intent to own the instant building. As such, the prescriptive acquisition on October 30, 2010, which acquired the ownership of the site in the dispute, was completed after the lapse of 20 years from October 29, 1990.

Therefore, it is possible to occupy the site of the dispute.