1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On September 19, 2006, the Plaintiff completed the registration of the preservation of ownership under the old Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 7500, May 26, 2005 and enforced January 1, 2006) with respect to the land owned by the Plaintiff in the Seoul High Court of Gwangju District under Article 24468, which was received by the Gocheon-gun Branch Office of the Gwangju District Court (hereinafter “Plaintiff-owned land”).

B. The Defendant is the owner of the land owned by the Plaintiff and the housing on the ground, located in the area of 139 square meters adjacent to the land owned by the Plaintiff (hereinafter “Defendant-owned land”).

C. The Defendant, among the Plaintiff’s land, owns a fence and gate installed on the ground (C) section 28m2 (hereinafter “instant land”) connected in order to each point of Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 99, and 28m2 (hereinafter “instant land”) on the ground, and occupies the instant land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 11, Eul evidence Nos. 3 and 7 (including branch numbers; hereinafter the same shall apply), the result of the on-site inspection by the court of the first instance, the result of appraisal by appraiser E, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that, without any title, the Defendant installed a fence and gate on the instant land without any title, and occupied the said land, the Plaintiff is obligated to remove the said fence and gate and deliver the said land to the Plaintiff.

B. In light of the above facts, the Defendant, the owner of the instant land, is obligated to remove the fences and gates installed on the said land, and deliver the said land to the Plaintiff, the owner of the instant land, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendant’s claim F purchased the land owned by G from G (the registration of ownership transfer is not complete) and the instant land was also purchased, and thereafter the Defendant’s father H newly constructed a house on the land owned by the Defendant on January 6, 1981, and installed a fence and gate on the instant land.