1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s father-D purchased 6760 square meters prior to E on August 9, 1973 and completed the registration of ownership transfer on August 27, 1981. On February 3, 1988, the Plaintiff’s father-D purchased 354 square meters prior to F.354 square meters prior to Jeju-si on February 3, 198 and completed the registration of ownership transfer on February 10, 198. On July 2, 1998, the Plaintiff’s registration of ownership transfer was completed on July 4, 1998 with respect to the Plaintiff’s land.

B. On June 20, 1985, the registration of transfer of all co-owners’ shares was completed on September 10, 1973 in the Defendant’s father G on June 20, 1985 with respect to the land of Jeju-si, Jeju-si, the adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”). On January 13, 2004, the registration of transfer of ownership was completed on the grounds of inheritance due to an agreement division made on October 29, 197.

C. On the line connected in order to each point of 40,45, 5, and 51, among the Defendant’s land, a stone fence is stockpiled. On the lower line connected in order to each point of 51, 13, the said cement road is packaged, and the said cement road is connected to the lower part of the lower part of the Defendant’s land along the boundary of the said stone fence and road, and is connected with the lower part of the said land under a stone fence located in 51, 50, 49, and 48, the said cement road is connected to the lower part of the said land. Accordingly, the part (a) on the part (a) connected in order to each point of 40, 45, 51, 13, or 40 square meters (hereinafter “instant land”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. After purchasing the F and E land at Jeju, the Plaintiff’s assertion D also purchased all the instant land from the Defendant’s Defendant’s subsidiaries and cultivated pota, etc. as dry field. However, since around 1993, division was organized, created and operated a walscru farm in which walscruscine trees were decrupted, and the health issues were no longer raised.