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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C’s real estate acquisition 1) The Defendant changed the name of the administrative district E in Changwon-gun, Changwon-gun, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”). On November 3, 2004, the area was reduced to 169 square meters according to the division into F.
hereinafter referred to as “the Plaintiff’s land”
2) The Defendant’s land in this case is the Defendant’s land in this case and the adjacent B large 23 square meters (hereinafter “instant land”).
A) On June 4, 1979, each owner owned the Plaintiff’s land of this case, and completed the registration of ownership transfer in the name of the Plaintiff’s husband C on October 4, 1965. (2) around January 1, 1979, C removed the existing housing on the Plaintiff’s land and newly constructed a block structure 49.59m2 (hereinafter “the instant housing”).
C completed on July 7, 1981 registration of initial ownership relating to the housing of this case.
B. The Plaintiff’s real estate acquisition 1) C died on July 26, 1988. 2) The Plaintiff completed the registration of ownership transfer on the Plaintiff’s land on May 24, 1995.
3) On March 11, 2008, the Plaintiff completed the registration of ownership transfer based on inheritance on July 26, 198 with respect to the instant housing. (c) The Korea Asset Management Corporation, which is the Defendant’s property management authority, notified the Plaintiff of the prior notice of State property and the guidance to enter into a loan agreement on March 26, 2018.
Since the plaintiff occupied the land of this case owned by the defendant, it was necessary to impose 686,280 won of indemnity and conclude a loan contract for the past five years.
2) The Defendant requested the Korea Land Information Corporation to conduct a cadastral survey to verify the part possessed by the Plaintiff among the Defendant’s land in this case. As a result, the part (a) part (b) of the Defendant’s land (hereinafter “the instant land”) 21 square meters in sequence connected each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 1 among the Defendant’s land in this case.
that the plaintiff occupies.