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1. The Defendant, among the land size of 261 square meters in Daegu Seo-gu, the Plaintiff, in sequence, indicated in the annexed drawings No. 2, 3, 4, 5, 6, and 2.
Reasons
1. Basic facts
A. On May 10, 1975, the Daegu Seo-gu Seoul Metropolitan Government D Large 340 square meters (hereinafter “land before subdivision”) was originally owned E. E sold 47/103 shares of the land before subdivision to F, and completed the registration of ownership transfer on July 18, 1980.
B. E and F bought the land before subdivision as a site for each house and owned the said land on the said ground. Around March 5, 1996, the Plaintiff began to purchase and reside in the entire F share of the land before subdivision from F and the housing owned by F (e.g., marking on the register of register: Daegu-gu No. D No. 2, Seogu-gu, Daegu-gu, one-story one-story one-story one-story one, hereinafter “instant housing”). On April 29, 1997, the Plaintiff completed the registration of ownership transfer for F share and the instant housing out of the land before subdivision.
C. On March 15, 2002, the Defendant purchased all E shares and E-owned houses from land before subdivision from E on March 15, 2002, and completed the registration of ownership transfer on the 30th of the same month, and removed the said houses.
Before subdivision, the land before subdivision is divided into D, 155 square meters (hereinafter “1 land”) and C, 185 square meters (hereinafter “2 land”). On December 28, 2005, the land first was owned by the Plaintiff on the ground of the partition of co-owned property on December 28, 2005, and the second land was owned by the Defendant respectively.
E. As a result of the Defendant’s surveying the boundary of land Nos. 1 and 2 on April 29, 2016, it was revealed that part of the instant house was built by breaking up the land No. 2. The part in the course of the intrusion was 14 square meters in the ship connected each point in sequence of No. 2, 3, 4, 5, 6, and 2 in the attached Form No. 2, 4, 6, and 2, and the part in the course of the intrusion was 14 square meters in the part of “A” (hereinafter “urban land”), and the part in the part of the instant house was located in the stairs, bathrooms, and laundry room.
【Fact-finding without dispute over the ground for recognition】A’s evidence Nos. 1 through 3, 2, 3, 8’s each entry, Gap’s evidence Nos. 6-1 through 7, and witness G’s testimony.