1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On December 8, 1975, a building of 276.43 square meters on the wall structure of Eunpyeong-gu Seoul Metropolitan Government D ground, the 2nd 2nd 2nd 276.60 square meters, and 63.34 square meters on the underground room was newly constructed on December 8, 1975 and registered as a multi-unit building on February 21, 1976 (hereinafter “101 square meters”) 46.08 square meters on 1st 1st 21, 201 (hereinafter “201 square meters”) and 44.63 square meters on 2nd 2nd 1st 201 (hereinafter “201 square meters”).

(201 No. 101 is directly above the above building. Of the above building, only the part of No. 101 and No. 201 among the above building is referred to as "the part of the building of this case"

The Plaintiff purchased No. 101 from E on May 7, 2003 and completed the registration of ownership transfer. Defendant B purchased No. 201 on June 22, 1979 and completed the registration of ownership transfer by inheritance on January 5, 1996, and Defendant C entered into a lease agreement with B on October 2, 201.

C. In the middle of the part of the building of this case, there have been a bearing wall that has been a brick (hereinafter “the bearing wall of this case”), and the Plaintiff occupied the right-hand part of the first floor and the second floor based on the bearing wall of this case. Defendant B occupied the left-hand part of the second floor and the left-hand part of the second floor based on the bearing wall of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 7-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. According to the records in the register of each of the plaintiff 101 and 201, 101, which is owned by the plaintiff, includes all of the part of the building of this case, i.e., the part on the right-hand side and the left-hand side of the part on the first floor based on the bearing wall. Thus, the defendants are obligated to deliver to the plaintiff the part on the left-hand side of the first floor (the part on the (A) connected with each of the items in the attached Form 1, 2, 3, 4, and 1, which are possessed by the defendants

B. Defendants 101 are divided into the upper floor and the upper right part of the second floor, and the upper left part of the second floor and the upper left part of the second floor from the time of new construction to each use.