1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. 3,848 square meters prior to the instant subdivision in Seopopo-si (hereinafter “D land prior to the instant subdivision”) was originally owned by E. The Defendant completed the registration of ownership transfer for D land prior to the instant subdivision on October 10, 1979 on April 5, 1969.

B. On July 27, 1993, the land category of D before the instant subdivision was changed to an orchard, and was divided into D orchard 3,354 square meters (hereinafter “D land after the instant subdivision”) and Seopo-si C orchard 494 square meters (hereinafter “instant land”) in Seopo-si, Seopo-si, Seopo-si.

C. F completed the registration of ownership transfer based on sale on October 20, 1972 with respect to G orchard 5,537 square meters (hereinafter “instant orchard”) in Seogpo-si, Seopo-si, Seopopo-si, Seopo-si.

Upon F’s death on June 14, 1997, the Plaintiff, the spouse of the deceased F (hereinafter “the deceased”) completed the registration of ownership transfer on July 26, 2007 with respect to the instant orchard due to inheritance by agreement division.

The boundary line on the south side of the instant orchard and the northwest side of the instant land are in contact with each other, and the Plaintiff currently cultivates walitrus in the instant orchard and the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 3-1, 2-2, and Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. If the Plaintiff’s assertion 1 did not appear, the soil of the instant land, which was located above the instant orchard, was larger than that of the instant orchard, and the Deceased, the owner of the instant orchard, rather than the owner of the instant land after the instant subdivision, could easily use the instant land.

In addition, the land of this case was transferred to the D land after the division of this case, but it was distinguished from the brick fence.

Therefore, the deceased started to purchase the land of this case from E, the owner of the D land before the division of this case from the end of 1970 and occupy it as the owner's intention, and part of the orchard of this case.