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1. In the order of the Defendant, among the 60 square meters of the attached Form 7, 8, 9, 5, 4, 3, and 7, the Plaintiff each point of which is indicated in the attached Form 7, 8, 9, 5,
Reasons
1. Facts of recognition;
A. On December 31, 1970, the Defendant acquired ownership by completing the registration of ownership transfer with respect to the land of 60 square meters (hereinafter “instant land”).
B. On July 8, 1989, D acquired ownership by completing the registration of ownership transfer with respect to the land of this case (hereinafter “the Plaintiff’s land”). On February 25, 1992, D installed a fence around the instant building on the ground of the Plaintiff’s land, which was 98.28 square meters of a brick slurbed roof house, 98.28 square meters of an affiliated building, cement block slves roof, cement block slves roof, 7.35 square meters of a single-story, and 2.4 square meters of a cement block slves roof slves roof, etc. (hereinafter “the instant building”), and on March 14, 1996, the Plaintiff acquired ownership with respect to the said land by completing the registration of ownership transfer with respect to the Plaintiff’s land of this case and the building of this case.
C. The location and size of the instant building, and the location of the fence do not change up to the date when D was newly constructed, and part of the instant building and fenced the Defendant’s land, and the part of the instant building and fenced the Defendant’s land. Of the aforementioned Defendant’s land, the part of (b) part of the instant building (hereinafter “the part of the instant land in dispute”) 43 square meters connected each point in sequence with the point in (c) of the attached drawing Nos. 7, 8, 9, 5, 4, 3, and 7, are included inside the fence of the instant building.
From March 14, 1996 when the Plaintiff acquired the ownership of the instant building from March 14, 1996, the Plaintiff occupied and used the instant premises of the instant building by using the fence inside the fence of the said building as marina. On April 2018, the Defendant did not request the Plaintiff to transfer the said premises of the instant building and its fence for about 22 years before becoming aware of the fact that the instant building and its fence infringed on the part of the instant premises of the instant building, while surveying the instant land around April 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 15 (including the tentative number), Eul evidence 1 to 3, and objection.