1. The Defendant also indicated in the attached sheet No. 20, 21, 22, 23, 24, 25, 26, 27, and 28, among the land size of 615 square meters in Seongdong-gu, Changwon-si, Changwon-si, the Plaintiff.

1. Facts of recognition;

A. From June 25, 2013 to August 25, 2017, the Plaintiff acquired shares 4474.8/9140 of the total amount of 5944m2 of the 594m2 in Seongdong-gu, Changwon-si, Seowon-si, by means of sale, etc., and the said land was divided into 5754m2, December 19, 2017, E78m2, E78m2, F forest land, 547m2, and C615m2 (hereinafter “instant land”). The Plaintiff acquired the ownership of the instant land on December 22, 2017.

B. On October 11, 1980, G newly constructed a 62.81 square meter (31.9 square meter in house and 30.91 square meter in neighborhood living facilities; hereinafter “instant building”) of the Sung-si, Changwon-si, Sungwon-si, the Hadong-si, the Hambdo Hambol roof, and the residential facilities, and registered the preservation of ownership, and the Defendant inherited the instant building from G on May 22, 2003.

다. 이 사건 건물의 부지에는 이 사건 토지 중 별지 감정도 표시 20, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, 20의 각 점을 순차 연결한 선내 ㈏부분 58㎡(이하 ‘이 사건 계쟁토지부분'이라고 한다)가 포함되어 있다.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1 and 2 evidence, the result of this court’s request for measurement and appraisal to the Changdong Vice-Governor of the Korea Land Information Corporation, the purport of all pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the part constructed on the land portion of the building in this case among the building in this case, which is the owner of the land in this case, and deliver the part of the land in this case to the plaintiff, unless there are special circumstances.

B. The Defendant asserts that the acquisition by prescription has been completed since he occupied the portion of the land in the dispute of this case for not less than 20 years. Even if the acquisition period of real estate ownership due to possession has expired, if the possessor of the real estate has first filed an ownership transfer registration in the name of a third party and abandoned it, barring any special circumstance, if the owner of the real estate did not register it in his name.