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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court's explanation concerning this case is that "the result of the commission of surveying and appraisal to Korea Land Information Corporation of this court" in Part 18 of Part 3 of the judgment of the court of first instance is "the result of the commission of surveying and appraisal to Korea Land Information Corporation of the court of first instance, the result of the commission of appraisal to the appraiser's office of this court and the result of inquiry of November 9, 2018," and the part 5th "No. 20" in Part 20 of the judgment of first instance is "No. 2 and No. 4," and the part added below is the same as the part in the reasoning of the judgment of the court of first instance. Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The following judgments shall be added to the part to be added next to the 6th sentence of the first instance judgment.
[Attachment] Even if the Plaintiff was aware that the owner of the instant land (A) was the Defendant in the course of receiving a written consent to the use of the land after subdivision from the Defendant in order to newly build a new house on the G land after the annexation, a person who occupied another’s land adjacent to his/her own land with the knowledge of the possession at the beginning of his/her possession as a part of the land owned by himself/herself does not necessarily convert the possession into the possession of another (see, e.g., Supreme Court Decision 2001Da5913, May 29, 2001), even if he/she became aware that the land was not the land owned by himself/herself later (see, e.g., Supreme Court Decision 2001Da5913, May 29,
3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.