Among the lawsuits in this case, the part of the claim for restoration shall be dismissed.

The Defendant, as the Plaintiff

(a) 1,242 square meters in Haak-gun, Gyeongnam-gun C.

1. Basic facts

A. D owned the entire area of 1,242 square meters (hereinafter “the Plaintiff’s land”) of E, 500 square meters in Chungcheongnam-gun, Gyeongnam-do (hereinafter “the instant land”), general wood structure, general wood structure, 96.22 square meters in a single-story housing (hereinafter “the instant building”), and 1,242 square meters in Gyeong-gun, Gyeongnam-gun, Gyeongnam-do (hereinafter “the instant land”). On May 2, 2016, voluntary auction was commenced with respect to each of the instant real property.

(F) Changwon District Court Msan Branch Masan Branch b.

The Plaintiff acquired the ownership of the Plaintiff’s land through voluntary auction on September 22, 2016, and completed the registration of ownership transfer. The Defendant acquired the ownership of the Defendant’s land and building through voluntary auction on October 28, 2016, and completed the registration of ownership transfer on November 4, 2016.

C. The Plaintiff’s land and the Defendant’s land are in line with the attached sheet of appraisal. From November 4, 2016 to November 4, 2016, the Defendant is using and occupying as the access to the instant building the part of (b) 41 square meters in line with each point of the attached sheet Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 3 (hereinafter “the instant part of possession”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 and 4, the result of the measurement and appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. In a civil suit, in a judgment on a claim for restoration to its original state, the rights or legal relations in which the parties are the subject matter of a lawsuit shall be specified. If the subject matter of a lawsuit is not specified, the court does not specify the subject matter of a lawsuit and the scope of the effect of a judgment. Thus, whether the subject matter of a lawsuit is specified

(see, e.g., Supreme Court Decision 2011Da28946, Mar. 14, 2013). With respect to the part in possession of the instant case, the Plaintiff filed a claim with the Defendant for restoration to the original state of the part, which removed the shape, alteration, cutting, cutting, and landscaping of the land without permission. The Plaintiff’s claim for this part of the claim is the purport of