1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Summary of grounds for appeal;

(a) not occupied in bad faith;

The same external stairs of the building of this case were indispensable for access to the building, and existed from the time of the construction of the building, and part of the building, as well as external stairs, has infringed on the boundary of the land of this case from that time.

Since the boundary is over 3% of the total size of the building, there is no reason to build a new building because the neighboring land is invaded without permission even though there is a lot of sufficient space in the building site.

In addition, other neighboring buildings have invaded the boundary of neighboring land.

The deceased B (hereinafter referred to as “the deceased”) committed an error or error in surveying or constructing a new building in around 1970, and thus, the deceased or the Plaintiff, who is his spouse, did not occupy without permission, even though having knowledge that the boundary of the instant land, which is public property, is invaded.

(b) there is good cause for neglect of obligations;

In light of the fact that around 1970, the Deceased and the Plaintiff had constructed the instant building and obtained approval for its use without any problems until now, and that part of the instant building and the external stairs were invaded upon the instant land as a result of the Defendant’s cadastral survey, there is justifiable reason not to charge the Deceased or the Plaintiff’s neglect of duty.

2. Determination on the grounds for appeal

A. In light of the following circumstances acknowledged in the first instance judgment as to whether a building was occupied with bad faith and the purport of Gap evidence Nos. 12, 21, 24 through 29, and Eul evidence Nos. 6, 9, 10, 11, and 12 (including paper numbers) and the whole video and oral pleadings, the status of the part of the building of this case and the outside stairs, the same outside stairs over the boundary of the land of this case is not due to a measurement or construction error that would normally lead to a measurement or construction, and the deceased and the plaintiff are part of the building of this case and external stairs of this case.