1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 18, 1971, 1971, the land of 5,037 square meters in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “land before subdivision”) was divided into the land of 2,724 square meters in Cmiscellaneous land and E or F at the request of D, who was the owner at the time of January 18, 1971 (F land was later subdivided into several parcels of land). Each land (E or F) divided as above was changed into “site” on several occasions from April 2, 1971, and the land category was entirely changed into “site”; thereafter, the ownership was transferred to G, etc.; thereafter, the building was constructed on that land.

In addition, the remaining C miscellaneous land remaining after being divided as above was re-divided into three hundred and thirty-five square meters in C miscellaneous land (hereinafter “instant land”) at the request of one of the co-owners at the time of February 14, 1980 and one through J, respectively.

The instant land is abutting on each land of E, K, L, M, N,O, P, and Q, divided from the land before division, in the form of narrow and long-distance extension, and is in contact with the land of E, K, L, M, N, P, and Q, whose land category is forest land (school site) and the land adjacent to the apartment site.

(First, see attached Form). (b)

On July 18, 1989, the Plaintiff acquired the ownership of 1/2 shares out of the instant land by sale.

C. From February 11, 1999, the Defendant acquired and owned E land adjacent to the instant land and two-story housing and neighborhood living facilities (hereinafter “Defendant building”). The former owner of the Defendant’s building acquired and owned the land as a marina for sale. The former owner obtained the permission of completion of construction on the land owned by the Defendant by demolishing the attached Table 2, 3, 4, 17, 23, 22, 21, 27, 20, 20, and 21, 22, 22, 23, 18, 26, 27, and 21, and 22, 22, 23, 23, 26, 27, and 74 square meters in total, among the instant land. Around October 2015, the former owner obtained the permission of completion of construction by removing the Defendant’s building and constructing the building on the land owned by the Defendant.

The defendant occupies the building of this case at the time of new construction.