A. On July 12, 1966, the Plaintiff’s father C completed the registration of ownership transfer on July 11, 1966 with respect to the Seongbuk-gu Seoul Metropolitan Government D large 228 square meters (hereinafter “instant land”) and the second floor detached house on its ground (hereinafter “instant house”). The Defendant completed the registration of ownership transfer on June 25, 1963 with respect to the Seongbuk-gu Seoul Metropolitan Government B large 79 square meters (hereinafter “Defendant’s land”).

B. On January 13, 2004, E, the Plaintiff’s mother on January 13, 2004, completed the registration of transfer of ownership based on the gift dated January 9, 2014, and on May 4, 2015, the Plaintiff completed the registration of transfer of ownership based on inheritance on November 23, 2014.

C. On July 7, 2015, the Plaintiff entered into a sales contract with F for the instant land and housing, and on August 28, 2015 for the instant land and housing, the transfer registration under F was completed.

On the other hand, the instant house is divided into neighboring housing and land by being surrounded by the wall. A part of the front end of the wall is 1,2,3, and 1 square meters of the part inside the wall connected to each point of the Defendant’s land (hereinafter “instant land in dispute”) in sequence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The following circumstances, namely, the land in the dispute of this case, at the boundary of the wall of this case, is located inside the wall by adding the whole purport of the pleading to the statements or images of Gap evidence Nos. 7, 8, 9, and 10 as to the cause of the claim. The house of this case is located at a place higher than the land in Seongbuk-gu Seoul, Seoul, where the defendant and the adjacent Seoul, and thus, it seems to be of such a structure that the wide area of math and the location of the wall cannot be arbitrarily changed unless the house is constructed, and according to the aerial photography taken from 1987, the location of the wall of this case was changed since 1987.