1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff acquired ownership on March 12, 2014 with respect to D large scale 60 square meters and its ground buildings (hereinafter “instant building”) in Chungcheongnam-si, Chungcheongnam-si, and the Defendant is the owner of the E large scale 50 square meters and C large scale 116 square meters (hereinafter “instant land”).

B. On April 2014, the Plaintiff acquired the instant building, and around April 2014, extended the building leading on the lower end of the second floor concrete slab of the instant building to the rooftop of the assembly type board.

C. On March 2016, the Defendant asserted that the instant building infringed on the instant land and the Defendant brought a dispute between the Plaintiff and the Defendant, and the Defendant issued a summary order of KRW 500,000 (Cheongju District Court 2016 Goju Branch 1610), but the said judgment (the same court 2016 Goju District Court 2012) is underway due to suspicion that the instant building destroyed the lower concrete slab part of the second floor of the instant building.

As a result of the survey of the instant land, the instant building intrudes on 4 square meters in part (hereinafter “the instant land occupied”) connected to each point of the attached reference Nos. 7, 8, 9, 10, 11, and 7 among the instant land. The instant land is used as the site of the instant building, stairs passage, and fence between the Plaintiff and the Defendant’s land (the line connected to 7,8 out of the attached reference sign).

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3 through 5, 9 through 11, Eul evidence Nos. 1, 4 through 7 (including each number in the case of additional numbers), the result of this court's request for the measurement and appraisal of the loyalty branch office of the Korea Land Information Corporation, the result of the fact inquiry to the chief of the Chungcheong branch office of the Korea National Land Information Corporation of this court, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the instant building was approved for use on March 12, 1981, and F, the former owner, acquired ownership on September 7, 1983, and the instant building was transferred to F, the ownership of which was transferred.