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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On April 13, 1934, the registration of transfer of ownership was completed on the ground of sale on April 10, 1934 with respect to the area of 109 square meters in Jeonnam-gun, Jeonnam-do. On August 9, 2006, the registration of transfer of ownership was completed on the ground of sale on May 10, 1990 in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 7500).
B. On January 16, 1980 with respect to the area of 194 square meters in Jeonnam-gun, Jeonnam-gun, the transfer registration for ownership was completed on May 15, 1974, and on December 31, 1993, the transfer registration for ownership was completed on January 10, 1983, and on January 10, 200, the transfer registration for ownership was completed on December 30, 1999 in M., and on June 12, 2003, the transfer registration for ownership was completed on June 12, 2003.
C. On October 11, 2006, the land category was changed to “site” on October 27, 2008 after combining with 194 square meters prior to K on October 11, 2006 (hereinafter “the real estate prior to the instant merger”), and on June 8, 2010, the N-scale 8 square meters and O-scale 41 square meters were re-merged with the real estate prior to the instant merger and became the instant real estate.
The Plaintiff constructed a reinforced concrete structure, a reinforced concrete roof, a single-story farming and fishing household house 60.99 square meters on the instant real estate, and completed registration of ownership preservation on August 22, 2008.
마. 이 사건 부동산 중 별지 감정도 표시 ㅈ, ㅇ, ㄱ¹, ㄴ¹, ㄷ¹, ㄹ¹, ㅁ¹, ㅂ¹, ㅅ¹, ㅈ의 각 점을 차례로 연결한 선내 “나” 부분 토지 56㎡(이하 ‘이 사건 도로이용 부분’이라 한다)는 피고 완도군 소유의 전남 완도군 D 도로 102㎡ 등 주위 토지와 연결되어 도로로 이용되고 있고 아스팔트 포장이 되어 있다.
바. 이 사건 부동산 중 별지 감정도 표시 ㅁ¹, ㄹ¹, ㄷ¹, ㅇ¹, ㅈ¹, ㅁ¹의 각 점을 차례로 연결한 선내 “다” 부분 5㎡(이하 ‘이 사건 주택 침범 부분’이라 한다)에는 이 사건 부동산의 남쪽에 위치한 피고 B 소유의 전남 완도군...