건물철거 및 토지인도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 5, 2006, the Plaintiff purchased a land of 841m2 (hereinafter “instant land”) from D and completed the registration of ownership transfer on the said land on the 22th of the same month. On August 28, 2007, the Plaintiff constructed a building on the instant land and used it until now.
B. In January 1987, the deceased E (hereinafter “the deceased”) with the Defendant’s spouse purchased a land of 92 square meters (hereinafter “F land”) which was 192 square meters before Kimhae-si in 1987, and occupied and used the said land (hereinafter “the instant housing”) on the land in 1988. The Defendant succeeded to the said land and the housing by an agreement division around January 2009, and the Defendant completed the registration of ownership transfer on the said land on June 25, 2009.
C. The instant house is occupied and used by the Defendant, who had not been registered, by inheritance from the deceased, up to now. At the time of construction of the instant house, the Deceased installed a wall (hereinafter “instant wall”) in part of the instant land as shown in the attached drawing as part of the instant land, and the wall inside the said wall was occupied and used as a marina for the instant house (hereinafter “instant marina”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 5, 6, and 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff asserts that since the defendant occupied and used the land of this case owned by the plaintiff without authority, the removal of the wall of this case and delivery of the part E of this case, as stated in the purport of the claim. 2) The defendant asserts that it is impossible to respond to the plaintiff's claim on the ground that the prescription period for acquiring the wall of this case and the part E of the land of this case has expired.
B. (1) A person who possesses real estate in a peacefully performing manner with the intention of ownership for twenty (20) years in the relevant law shall acquire the ownership by filing for registration (Civil Code).