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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. D 235 square meters (hereinafter “instant land”) is unregistered land. The land cadastre of the instant land is indicated as the owner based on the circumstance on November 10, 1914.
B. In addition, in the general building register in the location of the instant land, the first floor wooden house with the approval for use in 1928 was registered, and the owner was entered into G (H) with the address in the Geumsan-gun F, Chungcheongnam-do. However, the said building register was cancelled due to the removal of the said house on December 19, 2016.
C. The above G died on March 16, 1998, and the plaintiffs are children of the above G. D.
The Defendant, as the owner of a building with 532 square meters and its ground adjacent to the instant land from October 2012, who was an owner of the instant land and possessed the instant land from around October 2012.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1 and 2, or the purport of the whole pleadings
2. G, the plaintiffs' assertion, around 1954, purchased the instant land from E and newly built and occupied the building. After G death, the plaintiffs occupied the instant land. Since the defendant occupied the instant land without any title, without any title, thereby infringing on the plaintiffs' right to possess the instant land, it should be returned to the plaintiffs.
3. Determination
A. The Defendant’s judgment on the Defendant’s principal defense is unlawful, even if the limitation period of the Defendant’s right to claim the return of possessory right is lapsed.
Article 204 (3) of the Civil Act provides that the right to claim the recovery of possession against the person who has deprived of possession shall be exercised within one year from the time he has deprived of possession. The above exclusion period is not the period sufficient to exercise the right outside trial but the lawsuit shall be filed within that period.