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1. The Defendant: (a) is not less than 231m2 in the case of Pakistan to the Plaintiff;
(a) the attached Form 2, 3, 4, 5, 10, 9, 8, and 2 of the appraisal map (area).
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of CJ 231 square meters (hereinafter “instant land”). The Defendant is the owner of a house on the ground of DJ 369 square meters adjacent to the instant land (hereinafter “instant adjacent land”).
B. However, among the defendant's housing facilities, the part of the brick stairs [the part over which the land in this case was invaded is connected to each point of the attached Table 11, 12, 17, 16, and 11], trees [the attached Table 3, 6, and 7 shall be the tree of the attached Table 3, 6, and 7], street lamps [the 10 street lamps in the attached Form 10; hereinafter the above brick stairs, trees, street lamps, etc. (hereinafter "facilities in this case")] are installed or planted on the ground in this case's land. The defendant owned the facilities in this case and owned part of the land in this case [the part (b) of the attached Table 2, 3, 4, 5, 10, 9, 8, and 2].
[Ground of recognition] Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 8 (including branch numbers if there are branch numbers), the result of this court's request for surveying and appraisal to the Director of the Gyeonggi-do Headquarters of the Korea Cadastral Corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant owned the instant structure and occupied the part of the instant structure, and thereby, the plaintiff's exercise of ownership is hindered. Thus, the defendant is obligated to deliver the part of the instant structure to the plaintiff in response to the plaintiff's claim for the return of property owned and the removal of the instant structure.
B. As to the judgment on the Defendant’s assertion, the Defendant completed the registration of ownership transfer on the adjoining land of this case on around 1999, and occupied the part of the instant intrusion with the intention to hold it in good faith and without negligence for at least 10 years.