1. The defendant shall be the plaintiff.

(a) remove concrete and asphalt packages on the ground of 116 square meters in Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun;

1. Facts of recognition;

A. On March 17, 1983, the Plaintiff acquired the ownership of 116 square meters in Gyeong-gun, Busan-gun, Busan-gun (hereinafter “instant land”). On the ground, the Plaintiff newly constructed a three-story apartment house with a scale of 18 households from March 5, 1983 to August 12, 1983, and filed an application for subdivision of the instant land on September 12, 1983 after completion, and the instant land was divided in the city.

B. The instant land is currently being used as a passage of neighboring residents, and the Defendant, from the date on which it was in disuse to the instant land, occupied and managed as a road by using concrete and asphalt packaging on the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 through 5, 10 (including various numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff, based on the ownership of the land of this case, removes concrete and asphalt packaging on the land of this case and seeks the transfer of the above land. According to the facts acknowledged above, the defendant is obligated to remove concrete and asphalt packaging installed on the land of this case and deliver the land of this case to the plaintiff, barring special circumstances.

B. As to this, the Defendant completed the statute of limitations for the Defendant’s possession of the instant land, which was donated by the Plaintiff to the Defendant or occupied by the Defendant, and at least, the Plaintiff renounced the exclusive right to use and benefit from the instant land. Therefore, the Plaintiff’s assertion is against the law without merit, and this is examined.

3. Judgment on the defendant's assertion

A. Although the defendant alleged that the land of this case was donated to the defendant with respect to the defendant's objection to donation, it is insufficient to recognize the above fact even after examining all the evidence submitted by the defendant, and there is no other evidence to prove it.