A. On November 27, 1940, P on November 27, 1940, with respect to the 26m26m2 in Jeonnam-do, Jeonnam-gun (hereinafter “instant land”), it is written in U by creative name, which was enforced at the time of Japanese occupation.

After the registration of ownership preservation was completed in the name of February 17, 1994, the registration of ownership transfer was completed in the name of P on March 10, 1975.

B. On June 16, 1934, the Plaintiff’s denying R completed the registration of ownership transfer on the 324 square meters wide-gun, Chungcheongnam-do, Seoul Special Metropolitan City (hereinafter “the adjoining land”), which is abutting on the instant land, and newly constructed a house on the ground of the adjoining land of this case (hereinafter “the instant house”).

다. 그런데 이 사건 토지 중 별지 도면 표시 ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, ㄹ¹, ㅇ의 각 점을 차례로 연결한 선내 (다) 부분 2㎡ 및 같은 도면 표시 ㅂ, ㅅ, ㅇ, ㄷ¹, ㅂ의 각 점을 차례로 연결한 선내 (라) 부분 1㎡[이하 위 선내 (다) 부분 2㎡와 선내 (라) 부분 1㎡ 합계 3㎡를 ‘이 사건 계쟁 토지 부분’이라 한다]가 이 사건 주택의 부지에 포함되어 이 사건 주택을 둘러싼 담장 내에 위치하게 되었다. 라.

R resided in the instant house from the time of completion of the instant house, and the Plaintiff was transferred the possession of the instant house from R at the year and on the date and around the date and at that time, has been residing in the instant house from that time to that time.

E. P: (a) died on February 12, 1998; (b) on his/her spouse E and his/her spouse; (c) succeeded to T, Selection F, G, H, Defendant (Appointed Party); (d) I, J, and K’s property.

After that, on August 18, 2010, the death of T on August 18, 2010, M, N, andO inherited its property.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, response of the Do governor of the Korea National Land Information Corporation to the request for surveying and appraisal by this court, and the purport of the whole pleadings.