토지인도 등
1. In the order of the Plaintiff, the Defendant indicated the annexed drawing among the land size of 304 square meters in the case of inn water, (1), (2), (3), (4), and (1).
1. In addition to the purport of the entire argument in each entry and video of Gap evidence Nos. 1 through 6 (including each number in the case of a land number), the plaintiff is the owner of the land with the land of the land of the land of the 304 square meters in leisure time, and the defendant is the owner of the land of the above D large 264 square meters, and the above two lands are connected thereto. The defendant is recognized to have installed a fence on the land of the land of the attached Form Nos. 1, 2, 3, 4, and 10 square meters in the above C large 304 square meters in the land owned by the plaintiff and installed a fence on the land of the 10 square meters in the part of the "b"
2. The assertion and judgment
A. According to the facts of the above recognition as to the cause of the claim, the Defendant, who occupies the area of 10 square meters in the attached Form No. 1, 2, 3, 4, and 10 square meters in the ship connected with each of the above points in sequence, is obligated to remove the fences installed on the ground to the Plaintiff, who is the owner thereof, and deliver the area of 10 square meters in the above 304 square meters in the ship, except in extenuating circumstances.
B. As to the Defendant’s assertion 1, the Defendant had a fence installed prior to the acquisition on March 29, 1994, the Defendant had been in possession of 10 square meters in the above ship within the fence boundary for not less than 20 years since the acquisition of ownership. As such, the acquisition by prescription was completed, and the claim of this case is asserted as an abuse of rights inasmuch as the area of the part seeking removal and delivery is very narrow to 10 square meters, and there is no benefit for the Plaintiff. 2) First, the Defendant asserts that the right of this case constitutes abuse of rights, on the ground that the possession of the pertinent real estate was occupied for 20 years as of the date of actual commencement of possession. The Defendant had installed a fence prior to the acquisition of ownership, which was installed at the time of the acquisition of ownership, and that the possession of the said part “b” from March 29, 194, which is the point of possession at the time of possession.