1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Basic Facts

The Defendant was the owner of 1,500 square meters in the land for warehouse C in Gunsan-si (hereinafter “the land before the instant subdivision”). The Plaintiff is the owner of D Dae-do and 846 square meters adjacent to the land before the instant subdivision (hereinafter “instant building”).

On February 1, 2013, the Defendant filed a lawsuit against the Plaintiff seeking the delivery of the occupied portion on the ground that the Plaintiff occupied 123 square meters of the land before the instant subdivision (Seoul District Court 2013Kadan1292).

Accordingly, on August 16, 2013, the Plaintiff filed a counterclaim against the Defendant to implement the procedure for the registration of ownership transfer on the ground of the completion of the prescription for the acquisition of ownership transfer on the land of 123 square meters, among the land before the instant subdivision, on the ground that the prescription for the acquisition of ownership was completed with respect to the said 123 square meters of land before the instant subdivision (Seoul District Court 2013Gadan9444).

The above court did not hold possession of 123 square meters of the land prior to the instant partition, which is owned by the Plaintiff. However, on November 21, 2013, deeming that the Plaintiff acquired ownership on the part of 22 square meters of the said 123 square meters of land on the ground of the completion of the prescription for acquisition of possession on January 17, 2009, and on November 21, 2013, “the Plaintiff shall deliver to the Defendant the portion (c) of the land prior to the instant partition, which was successively connected with each of the points of (d) the attached map No. 7, 8, 9, 10, 11, 22, 21, 20, 20, 20, 19, 101 square meters of land (hereinafter “the instant land”) among the land prior to the instant subdivision, the Defendant successively connected the Plaintiff with each point of (d) 4,5,6, 18, 16, 15, 14, and 4.

All appeals and appeals against the above judgment were dismissed, and the above judgment became final and conclusive.

On the other hand, the plaintiff brought a lawsuit against Jeonju District Court 2013Kadan1292.