2. The costs of lawsuit shall be borne by the Plaintiff.

A. On October 24, 197, the Plaintiff’s husband E acquired the ownership of a building with 9 square meters in Dongdaemun-gu Seoul Metropolitan Government D, 99 square meters and its ground, and on July 5, 1986, the Plaintiff acquired the ownership of a building with 132 square meters and its ground buildings (hereinafter collectively referred to as “Plaintiff’s land”), and on December 3, 1987, the Plaintiff constructed a new residential facility and housing (hereinafter “Plaintiff’s building”) with the construction permission granted on December 3, 1987, that had removed the existing building on the Plaintiff’s land, and obtained approval for the use of the Plaintiff’s building on October 28, 198.

E died on April 27, 2002, and the Plaintiff completed the registration of ownership transfer on the Plaintiff’s land and building due to a consultation and division.

B. On May 15, 1969, the Defendant acquired the ownership of the building and the building on the Dongdaemun-gu Seoul (hereinafter “Defendant’s land”) and the land adjacent to the Plaintiff’s land. On March 28, 1986, upon obtaining a construction permit, the Defendant constructed the first basement, the third floor, the third floor, and the residential facilities and the housing on the ground (hereinafter “Defendant’s building”). On November 28, 1986, the Defendant obtained approval for the use of the Defendant’s building.

다. 피고가 피고 건물 측면인 원, 피고 토지의 경계선 부근에 경량철골조(패널/경량철골) 근린생활시설(점포) 7㎡(이하 ‘이 사건 건물’이라고 한다)를 건축하였는데, 그 중 일부가 원, 피고 토지의 경계선을 넘어 원고 토지인 서울 동대문구 C 대 132㎡ 중 별지 도면 표시 10, 11, 12, 5, 10의 각 점을 차례로 연결한 선내 ㈎ 부분 1㎡ 및 D 대 99㎡ 중 별지 도면 표시 7, 8, 9, 10, 5, 6, 7의 각 점을 차례로 연결한 선내 ㈏ 부분 2㎡(이하 ‘이 사건 계쟁토지’라고 한다)에 위치하고 있다.

[Ground of Recognition] Facts without dispute, Gap's statements or images, Gap's statements or images, Gap's 1 through 7, 11 through 13, 18, 21, 22 (part), Eul's evidence 1 through 6, and 16 (including, if any, a serial number).