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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D is the owner of Seongdong-gu Seoul Metropolitan Government E-Ma-gi 194 square meters (hereinafter “instant land”). On March 29, 1975, the Plaintiff and four children, who are the wife of the network D, jointly inherited the instant land and completed the registration of ownership transfer on the ground of inheritance on May 1, 1975. The Plaintiff’s share in ownership is 2/15 shares out of the instant land.
B. Meanwhile, on the other hand, the Seoul Special Metropolitan City around December 30, 1963, filed each registration of the preservation of the ownership of F road 341.7 square meters and C road 2,469.4 square meters on July 15, 1981. The defendant, on January 10, 1989, completed the registration of the transfer of ownership on the above B road (the land category was changed to the road on April 2, 1997) on September 24, 1997 as to the above C road (the land category was changed to the road on April 2, 1997) on the ground of the succession of property on September 4, 1997. The above F road was merged on October 16, 1997.
C. Around July 7, 1981, the Plaintiff newly constructed two-story housing (hereinafter “instant housing”) on the ground of the instant land, and obtained approval for use on July 7, 1981, and completed registration of preservation of ownership on July 30, 1981. While constructing the instant housing, the Plaintiff installed a fence on the line connecting each of the points in the separate sheet Nos. 1, 8, 7, 6, 5, 4, and 3 in sequence. The area of the instant housing is one 27 square meters (89.59 square meters) on the first floor, 18 square meters (60.83 square meters) on the second floor, 7 square meters on the underground room and 23.8 square meters (23.8 square meters) on the second floor.
However, the aforementioned fence installed by the Plaintiff is each b. B. B. 370 square meters (road after annexation) connected with each point of 1,2,7,8, and 1 of the annexed drawing in sequence, and 8.4 square meters in the part “A” (hereinafter referred to as the “land of this case”). The aforementioned fence, among the land of 2,3,4,5,5,67, and 33.4 square meters in sequence, connected each point of 2,4,4,5,7, and 2,469 square meters in the above map among the above B. B. 370 square meters (road after annexation) and the land of this case from July 7, 1981 to that of this case (hereinafter referred to as “the land of this case”).