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1. The Defendant connects the Plaintiff with the attached sheet 5 to 10, and 5, among the land size of 164.9 square meters in Daegu Seo-gu, Seogu.
Reasons
1. Facts of recognition;
A. On February 14, 1986, the Defendant completed the registration of ownership transfer with respect to the land of Daegu-gu, Daegu-gu, 164.9 square meters (hereinafter “instant land”). On December 31, 1993, the Defendant constructed the instant land on the ground and resides in the said housing until now.
B. Meanwhile, D, on August 9, 1994, completed the registration of transfer of ownership in its name with respect to E large-scale 116.6 square meters adjacent to the instant land (hereinafter “Adjoining land”) and its above ground, and thereafter, D, after purchasing neighboring land and its ground from D on December 5, 1997 and completing the registration of transfer of ownership under the Plaintiff’s name on January 24, 1998, and resides until now.
C. Among the instant land, a fence was installed on the ground of 10.1 square meters on the part of “” (hereinafter “instant dispute part”) that connects 5 through 10, and 5 in sequence, among the instant land. However, based on the fence, the instant dispute portion was occupied and used by D and the Plaintiff as a site for a house on the adjoining land.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings
2. We examine the judgment as to the cause of the claim. D's possession is presumed to be of peace and public performance with the intention of ownership ownership under Article 197 (1) of the Civil Code, and it is presumed that D's possession is completed on August 9, 2014 after completing the registration of ownership transfer under its own name on its own name on the land and its above ground, and thereafter, the Plaintiff occupied and used the dispute portion of this case's land and its above ground under D's name on December 5, 1997, and completed the registration of ownership transfer under the Plaintiff's name on January 24, 1998, and it is presumed that D's possession is completed on August 9, 2014.