A. On August 26, 2014, the Plaintiff completed the registration of ownership transfer based on sale on August 26, 2014, regarding real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 12, 2006, the Defendant completed the registration of transfer of ownership on the ground of sale on March 29, 2006, with respect to the land adjacent to the instant real estate of Cheongju-gu, Chungcheongnam-gu, 161.2 square meters.

C. However, on the ground that the part (B) of the instant real estate, which was occupied and used by the Defendant (hereinafter “each of the instant buildings”) 23 square meters in sequence, connected with each of the items indicated in the annexed drawings Nos. 20, 21, 22, 23, 24, 19, and 20 square meters among the instant real estate, are connected with each of the items indicated in the same drawings No. 53 square meters, such as the part (A) above 53 square meters in sequence, and the part (b) above 23 square meters in sequence, which was connected to each of the items in the same drawings No. 12, 13, 14, 15, 18, 17, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 4 of the instant real estate, a fence is installed.

On the other hand, around 1970, the defendant's denied D constructed a wooden/ware and house 43.31 square meters on the E-ground in Yeongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and a block structure/building 16.2 square meters on the general building ledger.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, 4, 5, Eul evidence 1-2, Eul evidence, Eul evidence 1, the result of this court's request for surveying and appraisal to the Cheongdong Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant has owned and used each of the buildings of this case on the ground of 23 square meters in part (B) connected with each of the items of 20, 21, 22, 23, 24, 15, 18, 17, and 12 in sequence, among the real estate in this case owned by the plaintiff, each of the items of 53 square meters in drawings such as 12, 13, 14, 14, 15, 18, 17, 23 square meters in order, among the items of 20, 21, 22, 23, 24, 24, 16, 17, 8, 9, 10, 11, 12, 14, 14, 15, 16, and 4 of the attached drawings. Thus, special circumstances exist.