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1. Of the judgment of the first instance, the part against the defendant in excess of the following order of delivery and payment shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant 19-1” and “instant 19-3”), as follows:
The receipt number of the owner real estate size of the Plaintiff No. 19-1 of this case, 10.61 square meter on April 8, 1980, Defendant No. 19937 of this case, Defendant No. 199-3 of this case, and No. 73491 of July 14, 1995, which was received on July 14, 1995
B. Regarding the use of No. 19-1 and No. 19-3 of this case, 19-1 of this case and No. 19-3 of this case are the commercial buildings adjacent to each other as follows (a part of the ground plan is extracted:
(2) Nonparty D leased Nos. 19-1 and 19-32, around April 2, 2008, and used Nonparty D without any boundary distinction until March 31, 2012.
After the completion of use by Nonparty D, the parts connecting each point of the 2 and 9 of the annexed drawings are separated from the temporary walls and steel structure, and used as a different store until now.
3) Meanwhile, the part possessed by the Plaintiff as of the date is 6.4 square meters in line with each point indicated in the annexed drawing Nos. 1, 2, 9, 10, and 1. The part possessed by the Defendant is 6.7 square meters in line with each point indicated in the annexed drawing Nos. 2, 3, 4, 5, 6, 7, 8, 9, and 2.
2. In the original summary of the Plaintiff’s assertion, the boundary of the instant case 19-1 and the instant case 19-3 existed in the part connecting each point of the No. 4 and 7 indicated in the separate sheet No. 19-3. The Defendant arbitrarily transferred the boundary to the part connecting each point of the No. 2 and 9 indicated in the separate sheet No. 19-3 while occupying and using the instant No. 19-3.
Therefore, the defendant delivers to the plaintiff the "B" portion 0.9 square meters connected in order to the plaintiff each point of the attached Form 2, 3, 4, 7, 8, 9, and 2, and the above part in possession.