가. 전남 장성군 C 대 407㎡ 중 별지 도면 표시 ㅍ,ㅌ,ㅋ...

A. On May 18, 2015, the Plaintiff purchased and owns 407 square meters, 476 square meters prior to D, and 63 square meters prior to E (hereinafter “Plaintiff’s land”) respectively and thereafter owns it until now.

Around 1979, the net F shall complete the registration of ownership transfer with respect to G large scale of 195 square meters and 2,793 square meters prior to H, adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”). Around October 27, 1988, the Defendant died on the ground and owned a new building. The Defendant’s share of ownership as the heir of the networkF is 1/7.

나. 피고 토지 지상의 건물이 원고 토지 중 전남 장성군 C 대 407㎡ 중 별지 도면 표시 ㅍ,ㅌ,ㅋ,ㅊ,ㅈ,ㅇ,ㅅ,ㄴ1,ㄱ1,ㅎ,ㅍ의 각 점을 차례로 연결한 선내 (가)부분 35㎡, D 전 476㎡ 중 별지 도면 표시 ㅂ1,ㅎ,ㄱ1,ㅇ1,ㅅ1,ㅂ1의 각 점을 차례로 연결한 선내 (나)부분 4㎡, E 전 63㎡ 중 별지 도면 표시 ㅅ1,ㅇ1,ㅅ2,ㅂ2,ㅁ2,ㅅ1의 각 점을 차례로 연결한 선내 (다)부분 3㎡ 및 ㄱ2,ㄷ2,ㄴ2,ㄱ2의 각 점을 차례로 연결한 선내 (라)부분 4㎡(이하 ‘침범부분’이라 한다)만큼 침범하고 있다.

[Based on recognition] Gap evidence Nos. 1, 2, 4, and 6 (including Serials), Eul evidence Nos. 1 and 2, the result of this court’s request for survey appraisal, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, as the owner, claiming the return of ownership and the removal of interference, is obligated to remove the building constructed on the ground of the part over which the Plaintiff’s land was infringed and deliver the part over which the land was infringed.

(A) The Plaintiff sought removal and delivery of 1/6 shares on the premise that the Defendant’s share in inheritance is 1/6 shares, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant’s share in inheritance is 1/6, and there is no other evidence to acknowledge it).

The defendant's assertion is serious damage to the removal of the part of the crime, while the part of the crime is occupied by the plaintiff's land.