1. The defendant shall be the plaintiff.

A. The attached appraisal marks 4, 9, 10, 4 shall apply to the attached sheet among the area of 354m2 in Busan Seo-gu D, Busan.

1. Facts of recognition;

A. The Plaintiff is the owner of 354 square meters (hereinafter “instant real estate”) in Busan Seo-gu, Busan, and the Defendant is a person who completed the registration of ownership transfer as to the E-ground building adjacent to the instant real estate (hereinafter “instant building”) on March 27, 2015.

B. Around May 2016, the Defendant carried out construction on the part of the first floor of the instant building. A part of the teasians, among the instant real estate owned by the Plaintiff, occupied the part of 3 square meters in the ship (hereinafter “land in dispute of this case”) connected with each point of 4, 9, 10, and 4 in sequence, among the instant real estate owned by the Plaintiff.

[Reasons for Recognition] Records Nos. 1 through 5; Results of this Court’s request for surveying and appraisal to the Vice-Governor of the Korea Land Information Corporation and Busan;

2. The parties' assertion and judgment

A. The gist of the parties’ assertion (i.e., the Plaintiff’s assertion is using the land of this case, the Defendant owned by the Plaintiff without permission.

Therefore, the defendant is obligated to deliver the land in the dispute of this case to the plaintiff, and the defendant is obligated to pay the amount of KRW 4,900,000 to the cost and cost of use.

B. On April 30, 198, the Defendant asserted that since the building of this case was newly constructed by F on April 30, 1988, the ownership of the Defendant was acquired through heir and Nonparty G, and in the process, the owner of the building of this case occupied and used the land of this case as the owner’s intention to own the land of this case, and the acquisition by prescription was completed.

B. (1) According to the above facts of determination as to the cause of claim, the plaintiff as the owner of the land in the dispute in this case may seek the exclusion of disturbance against the defendant who occupies the part of the land in the dispute in this case through the main body before the building in this case. Thus, the defendant is obligated to deliver the land in this case to the plaintiff, unless there are special circumstances.

In addition, according to the above facts of recognition, the defendant owned the main body of the building of this case and the dispute of this case.