A. The Plaintiff is the owner of Ansan-si, Seoul 585 square meters (hereinafter “instant land”), and the Defendant is the owner of D large-747 square meters (hereinafter “instant land”) and a single-story housing (hereinafter “instant housing”) that are adjoining land.

B. The instant housing was partially constructed over the boundary and over the following as part of the instant housing was connected with the instant land C.

[Attachment 6, 7, 8, 17, 16, 15, 14, and 6 are “instant 13 square meters” (hereinafter “instant 13 square meters”). - The portion of the wall in the ship, which connects each of the items of subparagraph (a) of the attached Table 6, 7, 8, 17, 16, 15, 14, and 6 with each of subparagraph (b) of the attached Table 8, 9, 10, 21, 20, 20, 19, 18, 17, and 8 [based] Gap 1, 2, 4, 12, 1, 2, 2, and 2, and 4,000 square meters in sequence with each of the items of subparagraph (a) of the attached Table 6, 9, 10, 15, 14, and 6

2. Determination

A. Barring special circumstances, the Defendant, as the owner of the instant land, is obligated to remove the building eaves and fences installed on the instant land with a size of 13 square meters, deliver the said 13 square meters to the Plaintiff, and return unjust enrichment from the possession and use thereof.

However, as seen below, the Defendant’s acquisition by prescription is recognized with respect to the land of 13 square meters in this case, and thus, the Plaintiff’s claim against the principal lawsuit is without merit.

B. In full view of the purport of the pleadings as a whole, the judgment on the Defendant’s defense of the acquisition by prescription and the claim for counterclaim (1) as to the Defendant’s acquisition by prescription, the Plaintiff completed the registration of ownership transfer on March 28, 1987 on the ground of property inheritance on October 3, 1975 (the other inheritor completed the registration of ownership transfer on March 28, 1987) with respect to the remaining portion on March 28, 1987, based on the sale on March 27, 1987, and the Defendant’s registration of ownership transfer on March 28, 1987 (the Plaintiff completed the registration of ownership transfer on March 28, 1987).