1. Basic facts

A. The Plaintiff initially owned net F, the father of the Plaintiff. The Defendant asserted that the instant land was owned by the original F, and the Plaintiff also recognized the fact from the preparatory document dated June 25, 2019, and there is no dispute between the parties as to this portion.

On February 2, 1978, the Plaintiff completed the registration procedure for transfer of ownership on the land of this case on December 7, 1977.

B. On November 23, 1992, the Defendant: (a) donated land of 102 square meters adjacent to the instant land from Sinsan-si, Gunsan-si (hereinafter “instant adjacent land”); and (b) completed the procedure for the registration of ownership transfer on November 26, 1992 with respect to the instant adjacent land.

C. The Defendant B’s father, H constructed a block structure building (hereinafter “instant building”) which is an unregistered building without permission on the ground of the part (A) and 12 square meters (hereinafter “part (A) of the instant land”) connected each point of the attached Table No. 18,8,9,10,18, among the instant land.

The instant building is currently owned by Defendant B.

[Building is extended to the land of this case and the neighboring land of this case, and the part located in the land of this case is the building of this case on the ground of the land of this case] D.

Since November 1, 1992, Defendant B had ownership or de facto right to dispose of the building of this case from November 1, 1992, and had occupied and used the land of this case as the site for the building of this case.

The Defendants currently reside and live together in the building of this case.

E. Meanwhile, around February 1, 2013 and September 26, 2013, the Plaintiff confirmed that Defendant B illegally occupied the instant land as a result of the survey against Defendant B, and thus, it was not returned to the lower court until December 31, 2013, as to the compensation and the restoration of the site illegally used for over 50 years.