1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 12, 2015, the Plaintiff purchased 60 square meters prior to Ulsan-gun, Ulsan-gun, and completed the registration procedure for transfer of ownership in its name.

B. The Defendant, among the above C land owned by the Plaintiff, has installed a block, fence, oil storage tank, etc. on the land in the dispute of this case (54 square meters) as stated in the purport of the claim, and occupies it as a site for a gas station.

C. As to the land in the instant dispute, the sum of the rent from October 12, 2015 to June 1, 2017 is KRW 2,291,750, and is KRW 122,940,00 per month from June 2, 2017.

[Reasons for Recognition] A.1 to 18 evidence, each entry or image of evidence No. B.1 to 19, the result of the measurement and appraisal of the head office of the Ulsan National Land Information Corporation in this court, the result of the appraisal commission to the D Appraisal Office (Appraiser E), the purport of the entire pleadings

2. According to the above facts of the judgment on the grounds of the claim, the defendant is obligated to deliver the land in the dispute of this case to the plaintiff and pay the difference in the purport of the claim to the plaintiff, except in extenuating circumstances.

3. Judgment on the Defendant’s assertion of prescriptive acquisition

A. Comprehensively taking account of the following evidence, the completion of prescriptive acquisition: ① on March 19, 1981, F entered the land category of the G gas station in Ulsan-gun, Ulsan-gun, the neighboring land in the instant dispute on March 19, 1981 (the change of land category on October 16, 2003), H 82 square meters in H miscellaneous land (the change of land category on November 24, 200, H miscellaneous land was divided into 111 square meters in H miscellaneous land before subdivision, 29 square meters in 195 square meters in 29 square meters in Y-gun, the land category was changed), 557 square meters in Y-gun, Ulsan-gun, the land of this case (the change of land category was made on April 12, 2006), and each of the instant land subject to the construction permit was made on 95 square meters in 195 square meters in Y-gun and 195 square meters in Y-gun-gun-gun-gun, each of this case (the instant land).