A. 1) On June 10, 2016, the Plaintiff is entitled to the Plaintiff’s land of 159 square meters (hereinafter “Plaintiff’s land”).

2) The Defendant acquired the ownership of D land adjacent to the Plaintiff’s land and its ground building (hereinafter “Defendant’s building”). Of the Defendant’s building, the part of the stable, among the Plaintiff’s land, is constructed on the part (A) part of the Plaintiff’s land connected with each point of the attached Table 12, 13, 14, 15, 16, 17, 10, 23, 11, and 12 in sequence.

[Reasons for Recognition] No. 1-4 of evidence A, the result of the measurement appraisal commission to the Korea Land Information Corporation of this Court, the purport of the whole pleadings

B. According to the above facts of recognition, the Plaintiff, as the owner of the Plaintiff’s land, may file a claim for the exclusion of disturbance with the Defendant pursuant to Article 214 of the Civil Act. Thus, the Defendant is obligated to remove the Plaintiff’s above ground stable building and deliver the part of the land (A).

2. Judgment on the defendant's assertion

A. The Defendant’s assertion ①: (a) the former possessor E of the Defendant’s building commenced possession from October 25, 1995 (the date of registration of ownership preservation as to the Defendant’s building); and (b) the Defendant succeeded to the possession on February 18, 2003 and occupied it in peace and public performance for twenty (20) years; and (c) the Defendant acquired ownership as to (a) the land of the Defendant’s building as of October 25, 2015 pursuant to Article 245 of the Civil Act.

② The Plaintiff’s claim is unjust as an abuse of rights.

B. 1) Determination as to the above argument ① The livestock shed constructed on the ground of the part of the Defendant’s building (A) is constructed on the ground of the Plaintiff’s land and the F culvert-gun, Gyeongnam-gun, the State-owned, and the size of the building constructed on the ground of D, the Defendant’s ownership is only part of the size (the result of this court’s commission of surveying and appraisal on the Korea Land Information Corporation, ② when the Defendant himself purchases the Defendant’s building, the Plaintiff’s land and the State-owned land.