1. The defendant is D ( Address: Eunpyeong-gu, Seoul E) with the indication of the attached drawings among the 291m2 in Eunpyeong-gu Seoul F Forest land.

1. Facts of recognition;

A. The Plaintiff A, his father, completed the registration of ownership transfer on June 1, 1976 with respect to the land Eunpyeong-gu Seoul Metropolitan Government E (hereinafter “E”) on June 3, 1976.

나. D는 1976. 5. 26.경 E 토지와 인접한 서울 은평구 F 임야 291㎡(이하 ‘F 토지’라 한다)의 소유자인 G과 사이에 위 임야 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉠의 각 점을 차례로 연결한 선내 ㉮ 부분 67㎡(이하 ‘이 사건 계쟁 토지 부분’이라 한다)를 포함한 24평을 매매대금 72만 원에 매수하기로 하는 매매계약을 체결하고, 1976. 6. 2.경 매매대금을 지급하였다.

C. D has established a fence on the land in E and the land adjacent thereto, and constructed a new house on that ground (hereinafter “instant building”). On December 28, 1976, D completed the registration of ownership preservation in its name.

On May 12, 1975, the provisional registration was completed on the F land under H’s name on the ground of preserving the right to claim ownership transfer due to the purchase and sale reservation, and on December 3, 1976, the ownership transfer registration based on the decision to grant the successful bid was completed in the name of I and the above provisional registration was cancelled. On October 22, 191, the ownership transfer registration was completed in the name of the defendant with respect to the shares of 1/6 (48.5/291) (hereinafter “instant land”).

E. The Plaintiffs, as married couple, completed the registration of ownership transfer on the ground of donation on the same day on December 9, 2015.

F. Since the construction of the instant building, D had resided in the instant building until now, and occupied and used the land E and the land in the instant dispute as the site for the instant building.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 14 (including branch numbers in the case of additional numbers), Eul evidence Nos. 1 and 2, and the result of the survey and appraisal conducted by the appraiser J, the purport of the whole pleadings

2. Determination

A. Relevant legal principles.