A. The Plaintiff received the transfer of ownership on September 5, 201 with respect to Ulsan-gun C, Ulsan-gun, a land prior to the division and merger, on the size of 225 square meters.

B. On August 19, 2016, a part of the said C large 225 square meters was divided into 17 square meters, and the Plaintiff is the owner of the instant land, as the said C large 35 square meters was combined on January 25, 2017 with respect to the D major 91 square meters and E major 56 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do. In addition, the Plaintiff is the owner of the instant land.

C. G transferred its ownership on November 30, 1985 with respect to the land adjacent to the instant land of Ulsan-gun F, Ulsan-gun, Ulsan-gun (hereinafter “Adjoining land”), and the Defendant, a spouse, due to the death of G, transferred its ownership on May 13, 2013 on the ground of inheritance due to consultation or division.

The Defendant owns a house on the ground of the adjoining land owned by the Defendant, and has a fence surrounding the said house. Of the instant land owned by the Plaintiff, part of the said fenced the part (B) part of the said fence connected with each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 10 square meters (hereinafter “the part of the instant bedroom”) among the instant land owned by the Plaintiff, and the Defendant occupied the said part.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2-2, 2-4, and all purports of oral argument

2. The assertion and judgment

A. According to the above facts, the defendant, as the owner of the land of this case, has a duty to remove the fence installed in the part of the crime of this case and deliver the part of the crime of this case among the land of this case to the plaintiff, who is the owner of this case.

B. The Defendant’s assertion and its determination (1) around November 1985, G, the husband of the Defendant’s claim, purchased adjacent land, and occupied it in peace and openly and openly for 30 years after the Defendant’s sole inheritance. As such, the prescriptive acquisition by possession was completed.

Therefore, the defendant has the right to possess the part of the instant crime.

(2) As to the prescriptive acquisition of real estate, the starting point for calculating the prescriptive period is the starting point.