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1. The defendant points out of the land listed in the attached list to the plaintiff each point of the attached Form 6, 7, 8, 9, 10, 3, 4, and 6.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of 212m2 (hereinafter “instant land”). The Defendant is the owner of the building indicated in the attached Table in the Kapo-si, Mapo-si.
B. The building indicated in the attached list is occupying 9m2 in the ship that connects each point of the attached sheet Nos. 6, 7, 8, 9, 10, 3, 4, and 6 among the instant land in sequence.
[Ground of recognition] A without dispute, entry of Gap evidence 1 to 4, results of appraisal commission by the head of the Gyeonggi branch office of the Korea National Land Information Corporation, the purport of whole pleadings
2. Determination
A. According to each of the above facts finding facts as to the cause of the claim, the Defendant is obligated to remove a building on the ground of “1” part of “1” and deliver the said part “1” to the Plaintiff, except in extenuating circumstances, in sequence with each point of 6, 7, 8, 9, 10, 10, 3, 4, and 6, among the instant land.
B. The Defendant’s assertion 1) The Defendant asserts that: (a) around 1965, D, the former owner of the instant building, newly built the said building and occupied the said 9m2 in the instant building; and (b) thereafter, E and F succeeded to the possession by the Defendant; and (c) the period of prescription for the acquisition of possession has expired by frequently occupying the said land for twenty (20) years. Even if the period of prescription for the acquisition of possession of real estate expired, if the ownership transfer registration was completed in the third party’s name, and the possessor did not register the ownership under his/her own name, barring any special circumstance, the Plaintiff cannot claim the prescriptive acquisition against the said third party (Supreme Court Decision 2001Da47467 Decided August 19, 203). Even if following the Defendant’s assertion, the Plaintiff’s ownership of the instant land was completed in around 1985 with respect to the portion 19m2 in the instant case’s land among the instant land around 30 years and around 1985, 1984.