1. The decision of the court of first instance against the defendant in excess of the following portions shall be revoked, and such revocation shall be revoked:

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account each description of Gap evidence Nos. 1, 2 (including each number; hereinafter the same shall apply), Gap evidence Nos. 3, 6, Eul evidence Nos. 8, 18, 20, and 21, Gap evidence Nos. 5, Eul evidence Nos. 1, 17, and 19, the images of the evidence No. 1, 17, and 19, the first instance court appraiser I, and the appellate court appraiser J.

On February 10, 1983, the Plaintiff completed the registration of ownership transfer with respect to the share of 228/588 out of the Yangcheon-gu Seoul Metropolitan Government C large 58m2 (hereinafter “instant land”).

On May 1, 1967, the Defendant completed the registration of ownership transfer with respect to E large scale 221 square meters adjacent to the instant land and the east (hereinafter “Adjoining land”).

B. (1) On the ground of the instant land, there is a commercial building on the fourth floor owned by the Plaintiff, the registration of ownership preservation of which was completed on February 26, 1993, and there is a building on the third floor above that owned by the Defendant, the third floor above that owned by the Defendant, and the commercial building and housing of the first floor below that was completed on September 11, 1989.

Plaintiff

Since the building was built between the building owned and the building owned by the defendant, there was a frame that neighboring residents passed.

Both the Plaintiff and the Defendant were aware that the aggregate trees were located in adjoining land owned by the Defendant.

Accordingly, around 2009, the defendant installed a sidewalk block on the south part of alley, and the north part was packed as cement and used as a parking lot for the defendant.

After that, neighboring residents continued to use the news block as a passage.

(2) On August 21, 2013, the Korea Cadastral Corporation conducted a survey of the land adjacent to the instant land, and the Plaintiff and the Defendant came to know that some of the foregoing news block and the parking lot were located in the instant land only once.

On July 3, 2015, the Defendant removed the sidewalk block on the instant land.

(3) Of the instant land, the part where the Defendant’s parking lot exists is ordered.