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.

1. Facts of recognition;

A. C completed the registration of ownership transfer on the ground of sale on July 3, 1979, with respect to D & D 327 square meters (hereinafter “Plaintiff’s land”) in Dong-si, Dong-si on July 7, 1979.

C A died on March 9, 2012, and on April 22, 2016, the Plaintiff, a child of C, completed the registration of ownership transfer on the Plaintiff’s land due to inheritance by consultation and division on March 9, 2012.

B. On November 2, 1998, the Defendant purchased from G to the Plaintiff’s land, Dong-si, Dong-si, Dong-si, Dong-si, 221 square meters, and completed the registration of ownership transfer on November 9, 1998.

On April 19, 2006, H large 26 square meters and I large 42 square meters were combined with the above land, and the relevant area became 289 square meters. On November 7, 2006, F large 61 square meters and J large 5 square meters were divided from the above land, and the relevant area became 223 square meters.

(hereinafter referred to as “Defendant’s land” without distinguishing the E land before and after the division.

On June 30, 2006, the defendant obtained a construction permit for the new construction of the building on the ground of the defendant's land, started July 18, 2006, newly built the second floor detached house, and completed the registration of initial ownership on November 2, 2006.

[Ground of recognition] Facts without dispute, Gap 3 through 7, 11 through 14, 16 through 18, 32 through 36, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the acquisition by prescription is completed by occupying the part (b) of the ship (hereinafter “instant dispute part”) in sequence of the description 1, 2, 3, 4, and 1 of the attached drawing among the Defendant’s land, which was the father of the Plaintiff’s assertion, as a garden for at least 20 years, the part (b) of the instant dispute (hereinafter “instant dispute part”) among the Defendant’s land, the Defendant is obligated to deliver the part of the instant dispute to

B. One of the acquisition by prescription of possession is a system that excludes the locked on the right and respects the real situation of the use of possession. However, this should be recognized only in extremely exceptional circumstances, and it is too broad to recognize that the law unfairly infringes on the other party’s property right.