A. C completed the registration of ownership transfer on the ground of sale with respect to the land of the Plaintiff on September 23, 1978 (hereinafter “Plaintiff’s land”) and completed the registration of ownership preservation on the building (the date of approval for use on the building ledger is around 1970; hereinafter “Plaintiff’s housing”) constructed on the ground of the Plaintiff’s land on August 4, 1998.

B. C died on February 18, 2013, and on February 18, 2013, the Plaintiff, as C’s children, succeeded to C’s inherited property solely by consultation and division on February 18, 2013.

C. On May 3, 1996, the Defendant completed registration of preservation of ownership as to B forest No. 74 square meters (hereinafter “Defendant’s land”).

The Plaintiff, including C, and the landowners around the Defendant’s land, owned the surrounding land without any ownership change for a long time. Since around 2007, it was found that the owners of surrounding land knew that the boundary of all surrounding land was about 5 meters away from the actual boundary line (hereinafter “previous boundary line”).

E. From the time of purchase of the Plaintiff’s land to the previous boundary line, C used the Defendant’s land included in the Plaintiff’s land as the last day inside the fence of the Plaintiff’s housing site, and owned the toilets and livestock pens located on the Defendant’s land. Of the Defendant’s land, the part possessed by the Plaintiff as the last day inside the fence up to the date is 44 square meters (hereinafter “instant dispute”) in line with each point of the attached Form 1, 2, 18, 17, 16, 15, 14, 11, 10, 10, 7, and 1.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 12 (including branch numbers in case of additional numbers; hereinafter the same shall apply), Eul evidence Nos. 2 through 14, E’s testimony, result of a request for surveying and appraisal to the two main offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. The argument and judgment.