건물등철거
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
According to the evidence and the purport of the argument submitted by the Plaintiff, the Plaintiff has been the owner since it acquired ownership on October 18, 1996 with respect to the land of this case in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “the instant land”) on the ground of sale and purchase. The Defendant is the owner of the land of Ulsan-gu, Ulsan-gu, Seoul-gu, and the land of this case 183.1 square meters adjacent to the instant land (hereinafter “the adjoining land”) and 69.42 square meters of a single-story house (hereinafter “the instant housing”). The land of this case is the land of this case, which is owned by the Defendant, and the part (b) of 0.6 square meters in succession connected with each of the above points of 6, 7, 4, 5, and 6 square meters in the instant land, which are owned by the Defendant, and it is recognized that the Defendant has been equipped with the said housing slab in the said part of the instant housing dispute.
According to the above facts, the defendant is obligated to remove the main text of the main text of the dispute and deliver the main text of the dispute to the plaintiff, who is the owner of the main text of the dispute.
In regard to this, the defendant alleged that the acquisition by prescription for the part in dispute was completed and the defendant acquired the ownership of the part in dispute, and according to the purport of Gap evidence No. 1-3 and No. 4, it is presumed that Eul acquired the ownership of the adjacent land and the house in this case on October 27, 1983 due to sale and purchase, and that he succeeded to the possession of the part in dispute by acquiring the ownership of the above adjacent land and the house in this case on April 24, 2017, and the defendant succeeded to the possession of the part in dispute successively by acquiring the ownership of the above land and the house in this case on April 24, 2017. In addition, the above fact of recognition and the size of the adjacent land is 183.1 square meters and the area of the land in the part in dispute is 0.6 square meters, barring any special circumstance, the possession of the defendant as to the part in dispute is presumed to continue to have been based on the defendant's intent of possession and public performance.