1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 19, 1975, the size of 27 square meters in Gangnam-si C 27 square meters prior to the division that was owned by the Defendant was divided into approximately 19 square meters in Gangnam-si C 63 square meters (hereinafter “the Plaintiff’s land”) and approximately 26 square meters in Gangnam-si B 26 square meters in Gangnam-si, and the subdivision registration was completed on November 5, 1979.

B. Around December 24, 2009, the Plaintiff’s father D (hereinafter “the deceased”) purchased the Plaintiff’s land portion from the Defendant on November 17, 1975, and completed the registration of ownership transfer on the Plaintiff’s land on November 5, 1979, which is the date of the said subdivision registration.

C. After that, around May 1981, the deceased obtained a construction permit for the construction of a second floor house and a building on the land of the plaintiff of this case (hereinafter "the plaintiff of this case") and obtained approval for the use thereof on September 18, 1981, and completed registration of the preservation of ownership on October 6, 1981.

On the other hand, on February 18, 1982, the size of B B large 26 square meters in Gangseo-si was subdivided into 11 square meters in Gangseo-si B large 11 square meters in Gangnam-si (hereinafter “instant Defendant land”) and 15 square meters in Gangnam-si E road. The subdivision registration was completed on September 24, 2019.

E. After the death of the deceased, the Plaintiff’s mother F (Death around October 21, 2016) succeeded to the Plaintiff’s land and the Plaintiff’s building in sequence after the death of the deceased, and a part of the Plaintiff’s building is currently being constructed on the Defendant’s land.

[Ground of Recognition] A without dispute, Gap evidence 1 to 15, Eul evidence or video (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion deceased, from September 18, 1981 to 20 years after the date of approval for use of the Plaintiff’s building, occupied the Defendant’s land as the site of the Plaintiff’s building. The acquisition by prescription on September 17, 2001, which was 20 years after the date of approval for use, was completed.

B. The Defendant’s assertion has occupied the Defendant’s land since the time when the use of the above was approved.