1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1 to 5, evidence 9, Eul evidence 5, testimony of the first instance witness E, on-site inspection by the court of first instance and the results of the commission of surveying and appraisal to the branch offices which have achieved the Korea Cadastral Corporation.

On September 19, 1983, the Plaintiff completed the registration of transfer of ownership on the ground of sale on November 10, 1968 with respect to the land of 9 square meters prior to Daegu-gun, Daegu-gun (hereinafter “instant land”); on October 14, 1983, the registration of transfer of ownership on the D-based land of 215 square meters in Daegu-gun, Daegu-gun (hereinafter “instant D land”); on April 23, 199, the Plaintiff completed the registration of transfer of ownership on the land of 14.1 square meters in the instant land of Da and the 13.8 square meters in the instant land of Ba-based Ba-dong, Daegu-gun, Daegu-gun (hereinafter “instant housing”).

The plaintiff has been residing in the house of this case since 1968.

B. The Defendant is the owner of the road B 1,325 square meters adjacent to each of the instant land (hereinafter “instant road”). Of the instant roads, the part of 41 square meters in the ship connecting each of the instant areas in sequence among the items indicated in the Map Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 (hereinafter “instant land”) is located within the fence of the instant housing and used as the site and the front end of the instant housing together with each of the instant land.

2. The parties' assertion

A. The Plaintiff asserted that the land in this case located within the fence after purchasing each of the instant land and housing around November 10, 1968 was also included in each of the instant land, and the Plaintiff occupied the instant land in a peaceful and public performance manner for at least 20 years with the intent to own each of the instant land.

Therefore, with respect to each of the instant lands and housing purchased on November 10, 1968 and twenty years passed since November 10, 1968, or the instant D land.