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The judgment of the first instance is revoked.
2. The Defendant indicated on the attached sheet No. 11, 12, 13, 14, among the land size of 787 square meters before C in Sungsung-si.
Reasons
1. Basic facts
A. The Plaintiff is the owner of D large 722 square meters (hereinafter “Plaintiff’s land”) in Sungsung-si, and the Defendant is the owner of the Defendant’s land of the 787 square meters (hereinafter “Defendant’s land”) that is adjacent to the Plaintiff’s land.
B. On December 19, 1969, repayment to E was completed in accordance with the Act on Special Measures for the Registration of Transfer of Ownership of Distributed Farmland on April 3, 1969, and the ownership of E was terminated on September 3, 1969. On September 15, 201, the ownership of F on September 5, 201 was changed due to sale. After November 23, 2015, the Plaintiff’s ownership was transferred on October 16, 2015.
(c)
On May 12, 1992, the ownership of the Defendant’s land due to the division of consultation has expired on Jan. 5, 1973. However, on Feb. 4, 2009, on September 28, 2008, the ownership due to the division of consultation has expired prior to the transfer, etc.
(d)
Meanwhile, part of the building constructed on the Plaintiff’s land (hereinafter “the instant sunken building”) was constructed on the ground of 48 square meters in sequence connected to the Defendant’s land with the boundary of the Defendant’s land. Of the Defendant’s land, the appraisal of the attached Table 19, 20, 21, 22, 23, 24, and 19 was indicated on the ground of 48 square meters. The attached Table 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 11 is also used as the entire appraisal of the Defendant’s land (hereinafter “Defendant’s land”) with the indication of the attached Table 11, 12, 13, 14, 215, 216, 24, 27, 24, and 11, and 24.