1. The defendant shall be the plaintiff.

(a) The section 13, 10, 17, 5, and 13, which connects each point in the attached Form 2 drawings, in sequence, shall be the area be set back on the ship.

1. Basic facts

A. C newly constructed a 47.27m27m2 (hereinafter “D housing”) on the Blue-gu, Ulsan-gu, Ulsan-gu, Seoul-do (hereinafter “D land”).

D With respect to land and housing, E has completed the registration of ownership transfer on October 6, 1978, and E has completed the registration of ownership transfer on November 10, 2005 by E’s fraud.

B. Around 1981, the Plaintiff’s attached H acquired the ownership of the Ggsan-gu I, Ulsan-gu, 107 square meters (hereinafter “I land”) and the ownership of the housing on its ground, and conducted a boundary survey (hereinafter “the first boundary survey”) for the improvement and repair of the existing I housing (such as the construction of toilets and warehouses) around 1984.

At the time of the first boundary survey of this case, the fence which was used as the boundary of the I land and D land was installed in a straight line, but after the first boundary survey, H newly installed the existing fence (attached Form 1 drawings indication 1, 2, 3, and 4) (the fence connecting each point of the Annex 1 drawings 1, 3, 10, 18, and 19, and the fence connecting each point of the Annex 2 drawings 13, 10, 18, and 19; hereinafter “the instant fence”), and the part found as the land was installed in a warehouse and a toilet.

C. After the death of H, the Plaintiff completed the registration of ownership transfer on September 24, 1996, based on inheritance by consultation and division on March 13, 1996.

대한지적공사가 2011. 6. 20. 실시한 지적현황측량(이하 ‘이 사건 2차 경계측량’이라 한다) 결과에 따르면, D 주택과 이 사건 담이 I 토지 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, 8, 1, ㄱ의 각 점을 차례로 연결한 선내 ㈏부분 20㎡(이하 ‘이 사건 계쟁부분’라 한다)를 침범한 것으로 확인되었다.

이 사건 계쟁부분 중 별지 도면 표시 ㅇ, ㅅ, ㅂ, ㅁ, ㅇ을 순차로 연결한 선내 ㈐부분 7㎡(이하 ‘이 사건 건물부분’이라고 한다)는 D 주택 중 일부이고 나머지 부분 중 일부는 보일러실로 사용되는 공간이며, 다른 쪽은 빈...