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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons why the court should explain this part of the judgment on the basis of the facts and the grounds for the claim are as stated in the relevant part of the judgment of the first instance (Article 1 and 2) in addition to adding “the result of a request for surveying and appraisal with respect to a branch office of the Korea Land Information Corporation in the first instance court” (Article 420 of the Civil Procedure Act)
2. Judgment on the defendant's assertion
A. (1) On September 22, 1994, the summary of the Defendant’s assertion was as follows: (a) at the time when the Plaintiff purchased the Plaintiff’s land and the dispute building, the Plaintiff was in possession of the part on the Defendant’s land; (b) thereafter, the Plaintiff found the Defendant and the Defendant’s land, sold the building on the Plaintiff’s land, or newly constructed and owned the building on the Defendant’s land; (c) on August 16, 2012, the Plaintiff filed a lawsuit seeking removal on the ground that the building on the Defendant’s land owned by the Defendant against the Defendant was in possession of 16 square meters out of H large 43 square meters on the Plaintiff’s land owned by the Plaintiff and the Defendant’s land without permission, and thus, the Plaintiff’s possession constitutes an occupancy of the Plaintiff’s land. (b) Even if the Plaintiff was aware of another’s land adjacent to the Plaintiff’s land at the time of possession, and the person who occupied the land on the Plaintiff’s land was not in possession of the land later.
(See Supreme Court Decision 2001Da5913 Decided May 29, 2001, etc.) In light of the above legal principle, the area of the land where the instant land is used as the site for the health stand and the dispute building (see, e.g., Supreme Court Decision 2001Da5913, May 29, 2001), is 10.56 square meters (i.e., 100m2) (i) the area of the land where the instant land is used as the site for the health stand and the dispute building (see, e.g., Supreme Court Decision 2001Da5913, Apr. 29,