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1. Among the 49m2 in Seoul Special Metropolitan City, Nowon-gu, the Defendant has each of the following items: 1, 2, 3, 4, and 1:
Reasons
1. Facts of recognition;
A. On July 22, 1978, the Plaintiff completed the registration of ownership transfer with respect to 357 square meters in Seoul Special Metropolitan City, Nowon-gu (hereinafter “C”) prior to D prior to D on July 22, 197, and the said land was divided into E, 29 square meters (hereinafter “Plaintiff’s land”) and D land around November 8, 2002.
B. On October 7, 1992, the Defendant completed the registration of ownership transfer on the ground of land expropriation conducted on October 5, 1992 with respect to 7 square meters in F.7 square meters (the change of land category to a road on July 8, 199) owned by the Plaintiff.
On October 7, 1992, the Defendant completed the registration of ownership transfer with respect to B large scale 51 square meters, which was owned by G, and the said land was divided into B large scale 49 square meters on February 14, 2001 (hereinafter “Defendant’s land”) and H large scale 2 square meters.
C. On March 5, 2015, the Defendant conducted a survey on the Defendant’s land, etc. in the presence of the Plaintiff. According to the result of the survey above, the Plaintiff occupies 1.87 square meters on the ship (hereinafter “instant land”) which connects each point of 1, 2, 3, 4 and 1 among the Defendant’s land in sequence.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 7, Eul 2, 9, 10 (including provisional numbers) and the purport of the whole pleadings
2. Assertion and determination
A. On July 1978, the Plaintiff asserted that the prescriptive acquisition of the instant land was completed on December 5, 2012, 2010, when 20 years have elapsed since December 5, 2010, since the Plaintiff purchased the Plaintiff’s land and occupied the instant land by acquiring the Plaintiff’s land together, and installed a fence on the instant land and possessed the instant land in a peaceful and public manner with the intention to own it up to the present date.
The defendant did not have any evidence to view that the plaintiff installed a fence on the land of this case around 1980, and even if the above fence was installed on the land of this case from around 1990, the above fence did not exist in around 1992, and from that time, the plaintiff was on the land of this case.