1. The judgment of the court of first instance is modified as follows.

The defendant shall also make an appraisal in attached Form 1 among the 431.5 square meters in Daegu Jung-gu, the plaintiff.

1. Basic facts

A. On June 18, 2017, the Plaintiff purchased the FF large 221.6 square meters from E and completed the registration of ownership transfer in its name on July 13, 2017. On December 15, 2017, the Plaintiff purchased from G to Daegu Jung-gu C large 209.9 square meters and completed the registration of ownership transfer in its name on February 5, 2018.

On July 25, 2018, the Plaintiff combined the said F land with the said land C, thereby becoming 431.5 square meters (i.e., 209. 226.1).

The Plaintiff is the owner of Daegu Jung-gu, Daegu-gu, Seoul-gu, 431.5 square meters (hereinafter “instant land”).

B. On May 7, 1995, the Defendant purchased a house of 46.3 square meters and its ground (17.72 square meters; hereinafter “instant building”) adjacent to the instant land from H and completed the registration of ownership transfer under the name of the Defendant on June 8, 1995, the Defendant occupies the said land and the instant building.

Plaintiff

The location of the instant land and the instant land owned by the Defendant, which are the land owned by the Defendant, is as follows, and the part where the instant building located on the ground of the said D, is the part where the instant building located on the ground of the said D, which is the Plaintiff’s ownership, intrudes on the instant land is as follows

CD. D. C.

The specific location and area of the part of the above cadastral map shall be as shown in attached Form 1.

(hereinafter referred to as the "bb" part of the dispute in this case is the dispute part . . . · without dispute, the entry of Gap evidence 1 through 4, the result of the commission of surveying and appraisal to the Daegu East Vice Governor of the Korea National Land Information Corporation, and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the defendant, as the owner of the building of this case, occupies and uses the land of this case, which is owned by the plaintiff, as the owner of the building of this case, as much as the part of the dispute of this case, and thus, barring any special circumstance, is obligated to remove the building of this case and deliver the part of the dispute of this case to the plaintiff.

3. Judgment on the defendant's assertion

A. The defendant's assertion of legal superficies is about this.