1. The plaintiff's claim is dismissed.

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

1. According to the records in Gap evidence No. 1, the head of E appraiser office of this court, the head of the Korea Land Information Corporation, and the result of the appraisal commission with respect to the director of the Korea Land Information Corporation, the plaintiff completed the registration of ownership preservation with respect to the land of this case on February 28, 1994. The rent for the land of this case is KRW 10,75,200 from February 28, 1994 to March 31, 2019, and the rent is KRW 10,75,200 from March 76, 200 every month, and KRW 32 square meters among the housing of this case owned by the defendant was indicated in the annexed drawing No. 1, 2,3,4,4,5,6,7,8,8,9,10, and 11 among the land of this case.

2. Unless there are special circumstances to determine the cause of the claim, the Defendant occupied the housing on the instant land owned by the Plaintiff without any title, and thus, the Defendant is obligated to remove the (A) portion of the instant land, which was connected in sequence to each point of the matters indicated in the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10, and 100 square meters of the instant land, without any title, 32 square meters of the unauthorized housing on the ground surface, deliver the said land to the Plaintiff, and return unjust enrichment from the use of the said land.

3. Judgment on the defendant's defense

A. As to the defendant's defense, the defendant raised a defense that the prescription period for acquiring possession has expired by occupying 32 square meters of the land of this case as the intention to own at least 20 years and occupying 32 square meters of the land of this case as the intention to own.

B. According to the nature of the source of possessory right, which is the requirement of possession frequently in the acquisition by prescription, the intention of possession is objectively determined based on the nature of the source of possessory right, which is the cause of possession. Thus, in purchasing or acquiring the land along with the above ground building, even if the purchaser believed and occupied part of the adjoining land by mistake as belonging to the site of purchase or acquisition by him/her because the purchaser does not accurately check the boundary between the adjoining land and the adjoining land and it does not regard it as the purchaser’