A. The fact that the land in this case is owned by the Plaintiff, and the Defendant, as the owner of D land adjacent to the land in this case (hereinafter “D land”), located in the previous city of Jeonsi-gu, Jeoncheon-gu, 520.8 square meters (hereinafter “the land in this case”), is the owner of D land adjacent to the land in this case (hereinafter “D land”), and the fact that the land in this case is occupied by planting a tree on the ground of part 436.9 square meters in part “2” in the ship connecting each point of the land in the attached Form No. 13,38, 39, 40, 41, 42, 43, 44, 15, 14, and 13 among the land in this case, is not a dispute between the parties concerned.

B. Therefore, barring special circumstances, the Defendant is obligated to collect the land trees on the part of the instant dispute from the Plaintiff, remove the building, and deliver the said land to the Plaintiff.

2. Judgment on the defendant's defense of the prescription period for acquiring possession

A. On April 19, 1985, the defendant purchased D land and acquired its ownership by completing the registration of ownership transfer on the 22th of the same month. At the time, the seller of D land cultivated on the land in the dispute part, and the land in the dispute part of this case is also included in D land subject to sale. Accordingly, the defendant thought that the land in the dispute part of this case was purchased including the land in the dispute part of this case, and has occupied the land in the dispute part of this case for more than 20 years.

As such, from April 22, 1985 to 20 years from the date of possession, the Defendant has the right to occupy the said land as the completion of the prescription for possession of the land in the dispute.

B. (1) Pursuant to Article 197(1) of the Civil Act, the possessor is presumed to have occupied in good faith, peace, and public performance with his/her own intent. However, a person who intends to purchase an ordinary real estate shall verify ownership, size, etc. by the certified copy of the register or cadastral record before entering into a sales contract and enter into a sales contract. As such,