1. The Defendant, in sequence, shall each point of the attached Form 1, 2, 3, 4, and 1 among the land size of 1,958 square meters in Gangwon-gun, Gangwon-gun, Gangwon-do.

1. Basic facts

A. On February 15, 2016, the Plaintiff purchased the entire 1,958 square meters (hereinafter “instant land”) from D, Gangwon-gun, Gangwon-gun, and acquired ownership of the instant land on February 26, 2016.

B. The Defendant is the owner of 671 square meters adjacent to the Kuwon-gun, Kuwon-gun, which is the neighboring land (hereinafter “instant adjacent land”). Of the instant land, the Defendant is occupying the share of the instant dispute by installing a boundary stone and septic tank on the part (A) of 44 square meters connected in sequence with each point of the attached drawing Nos. 1, 2, 3, 4, and 1 among the instant land (hereinafter “instant dispute part”).

2. According to the above facts of recognition as to the cause of the claim, the defendant, except in extenuating circumstances, is obligated to remove the boundary stone and septic tanks installed on the part of the dispute of this case to the plaintiff, and to deliver the part of the dispute of this case to the plaintiff.

3. The defendant's assertion and judgment on the acquisition by prescription

A. The main point of the argument was that the Defendant obtained permission from the Iron-gun Office to change the land adjacent to the instant case from May 6, 1996 to November 30, 196 to “site” in order to create a farming house and warehouse site on the instant adjacent land.

Thus, since the defendant possessed the part of the dispute in this case from May 6, 1996, the period of prescription for the possession of 20 years has already been completed before July 22, 2016, which is the date of the lawsuit in this case.

B. Determination 1) In calculating the period of acquisition by prescription, where there is a change in the owner of the real estate in question during the period of possession, the claimant for acquisition by prescription cannot assert the completion of prescription solely on the ground that he/she arbitrarily selected the starting point of counting or occupied for not less than 20 years retroactively. In such a case, the court recognizes the starting point of real possession as recognized by the litigation data without seeking a party’s assertion, and determine the propriety of the claim for acquisition by prescription based on it (Supreme Court).