1. The Defendant shall keep in turn each point of the attached Form 1, 9, 10, 11, 8, and 1 among the land size of 584 square meters in Chungcheongnam-si, Chungcheongnam-si.

1. Basic facts

A. On April 10, 2013, the Plaintiff: (a) purchased 1/2 shares of CJ 584 square meters (597 square meters for the area before subdivision on April 11, 2016; hereinafter “instant land”); and (b) currently shared D and the instant land.

B. The Defendant owned two-story buildings on the instant land as the owner of Elux 347 square meters in Chungcheongnam-si, and resided in the said building. Of the instant land adjacent to the said building, the Defendant occupied the instant land by packaging concrete packaging for the said building on the ground of part 25 square meters in the attached Form No. 1, 9, 10, 11, 8, and 1, among the instant land adjacent to the said building (hereinafter “instant land occupied”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove concrete packaging installed on the land in possession of the instant land among the instant land and deliver the land in possession of the instant land to the plaintiff, except in extenuating circumstances.

B. (1) The judgment on the Defendant’s assertion (1) as to the Defendant’s assertion, the Defendant: (a) owned the instant building from October 18, 1990 to possess the instant land as the owner’s intent; and (b) acquired by prescription the land occupied in the instant case around October 18, 2010 after the lapse of 20 years.

Even if it is not so, the Plaintiff did not interfere with the construction of the building on the land of this case even without the land occupied by this case, while the Defendant did not have the land occupied by this case, the Plaintiff’s claim constitutes an abuse of rights since it is difficult for the Defendant to access the building owned by him.

(2) In full view of the fact-finding results and the overall purport of the pleadings by this court against the Chungcheong branch of the Korea Land Information Corporation, the Defendant, along with F, the owner of the instant land at the time of November 18, 2000, conducted a survey on the boundary of the instant land and E’s land at the time of the purchase by the Defendant, for several times since the fact-finding survey was conducted.