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1. The defendant is against the plaintiff, and the defendant is not less than 460m2,00 m2,00
A. The separate sheet No. 16, 15, 14, 13, and 3 are indicated in the attached sheet No. 16, 15, 14, 13
Reasons
1. In addition to the purport of the argument of Gap evidence No. 1 and appraiser D’s appraisal result as to the cause of the claim, the plaintiff acquired ownership of 460 square meters (hereinafter “instant land”). However, it is recognized that the defendant installed a fence (hereinafter “instant fence”) on the line connected each point of 16, 15, 14, 13, and 3 of the instant land, among the instant land, on April 23, 2012, the part connected each point of 3,4, 5, 6, 16, 15, 14, 13, and 3 of the aforementioned appraisal was planted on the ground (hereinafter “instant land dispute”) part of 48 square meters (hereinafter “instant land”), which connected each point of 3,4, 5, 6, 16, 14, 13, and 3 of the said appraisal.
Thus, since the defendant infringes on the plaintiff's ownership of the land in the dispute of this case, it is obligated to remove the fence of this case to the plaintiff as an exclusion of interference, collect the trees planted on the land in the dispute of this case, and deliver the land in the dispute of this case to the plaintiff.
2. Judgment on the defendant's assertion
A. The main point of the assertion is to claim that the Defendant cannot respond to the Plaintiff’s claim for the following reasons.
① At the time of surveying along with E and F land adjacent to the instant land on September 2, 1981, it was confirmed that the land in dispute in this case was owned by the Defendant. Since then, the land in this case was occupied frequently for at least 30 years, and the period of at least 10 years has elapsed after the completion of the registration of transfer of ownership of the said land owned by the said Defendant, the acquisition by prescription of the registry was completed.
(2) The land of this case and its neighboring land constitute a cadastral non-conformity that is not inconsistent with the cadastral map, and thus, the boundary restoration surveying in the case of boundary invasions such as this case.