1. The defendant shall be the plaintiff.

A. Of the parking lot C 222.5 square meters in Busan Dong-gu, Busan, each point of which is indicated in attached Form 3,10.

1. Facts of recognition;

A. On March 28, 2001, the network D obtained the registration of ownership transfer for the land indicated in the order (hereinafter “instant land”) from E on February 23, 2001.

B. As the deceased D died on March 22, 2001, the Plaintiff, the inheritor of the deceased, completed the registration of ownership transfer on September 19, 2012 on the instant land by inheritance by consultation and division on March 22, 2012.

C. On October 23, 1987, the Defendant completed the registration of ownership transfer on October 21, 1987 with respect to F. 99.1 square meters adjacent to the instant land, which was based on the sale and purchase on October 21, 1987. On October 7, 1997, the Defendant completed the registration of ownership transfer on the said ground reinforced concrete structure and cement brick slves roof, and the registration of ownership transfer on the second floor with respect to the single floor of 55.00 square meters and the second floor of 56.31 square meters.

Of the instant land, the Defendant installed a wall with a height of about 190cm, about 11cm, and about 52cm in length (hereinafter “3-10 wall”) on the line connecting each point of the attached table 3 and 10 of the instant land. On the line connecting each point of the said map, which is the boundary between the said housing and the G-owned housing, 190cm in height, about 190cm in width, about 11cm in length, and about 65cm in length (hereinafter “4-9 wall”; 3-10cm in size, and hereinafter “the instant wall”).

The Defendant occupies 4.7 square meters on the ship (hereinafter “the instant land portion”) which connects each point of 11,12,9,10,3,4,11 with the indication of the same drawing.

[Based on recognition] 1-1-3 of evidence A, Gap evidence 5, Eul evidence 1-3, Eul evidence 1-3 (including paper numbers), the result of the appraisal commission to the Korea Cadastral Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts, 3-10 fences are owned by the defendant, and 4-9 fences are presumed to be jointly owned by the defendant and G (Article 239 of the Civil Act). Since the defendant occupies the part of the instant land without any possession right, the defendant removes the instant fences to the plaintiff.