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1. The defendant is against the plaintiff succeeding intervenor.
A. The three walls are set up in the area of 254m2 and E large 136.2m2m2 square meters in the Do Government-si.
Reasons
1. Facts of recognition;
A. On August 12, 2013, the registration of ownership transfer was completed in the Plaintiff’s name on the Do-si, Do-si (hereinafter “instant site”). On January 15, 2016, the Plaintiff’s successor purchased the instant site and completed the registration of ownership transfer regarding the instant site in its name.
B. Around November 10, 1954, the Defendant constructed a house with three walls and one story on the land of 136.2 square meters adjacent to the instant site (hereinafter “instant house”) and one story on October 29, 1991, extended the one story community living facilities on the Blulub roof around October 29, 199, and completed the registration of initial ownership on May 8, 2009, with respect to the three walls, the lub structure volume and the lub structure volume, the one story, the one story, the other 56.53 square meters, and the 1st floor 24.94 square meters on the 1st floor.
C. However, among the instant housing, part 2.9 square meters in the ship connecting each point of which is indicated in the separate sheet No. 8, 9, 10, 11, 12, 13, 6, and 8, and the part 3.9 square meters in the ship connected each point of which is indicated in the separate sheet No. 8, 9, 10, 11, 12, 13, 6, and 6, 14, 15, and 6 of the separate sheet No. 3.9 square meters in the ship (hereinafter “the part of instant
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 (including paper numbers) and Eul evidence Nos. 1 and 2, the result of the survey and appraisal conducted by appraiser F, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to remove the part of the instant house out of the instant land to the Intervenor succeeding to the Plaintiff, who is the owner of the instant land. The Defendant is obligated to deliver the land of 3.9 square meters of the “B” part of the instant land connected in order to each point of 8, 9, 10, 11, 12, 13, 13, 6, and 8 of the attached drawings among the instant land, which is the relevant site, 2.9 square meters of the “A” and 6, 14, 15, and 6 of the annexed drawings.
3. Defendant’s assertion and judgment
A. The defendant's assertion that he exercised ownership of the instant housing without knowing the fact that the defendant had been over 60 years since the fact that he violated the boundary.