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. On November 29, 2013, the Plaintiff completed the registration of transfer of ownership on the ground of sale on November 4, 2013 with respect to the Nam-gu Seoul metropolitan area 396 square meters (hereinafter “instant land”).

B. The Defendant is the owner of cement block block structure, string roof, which is constructed on the ground of 96 square meters adjacent to the instant land, and cement block and fence installed on the boundary of the instant housing and the instant land (hereinafter “instant fence”).

다. 이 사건 주택 및 담장은 원고 소유의 이 사건 토지 중 별지 도면 표시 ㅋ, ㅌ, ㅍ, ㅅ1, ㅋ의 각 점을 순차로 연결한 선내 (나) 부분 11㎡ 토지, 같은 도면 표시 ㄱ1, ㄴ1, ㄷ1, ㄹ1, ㅂ1, ㄱ1의 각 점을 순차로 연결한 선내 (다) 부분 2㎡ 토지를 침범하여 건립되어 있고[이하 위 선내 (나), (다) 부분을 ‘이 사건 (나), (다) 부분’이라 한다], 현재 피고는 이 사건 주택에 거주하면서 이 사건 (나), (다) 부분을 점유사용하고 있다.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 4, 6, and 7 (including each number), the result of the measurement appraisal commission to the Korea Land Information Corporation of the first instance court, the result of the measurement appraisal commission, the result of the measurement appraisal supplement commission, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, unless the defendant asserts that the right to possess and use the part of the case (b) and (c) has been asserted, the part of the house and fence constructed on the ground (b) and (c) of this case shall be removed, and the part of the case (b) and (c) shall be delivered to the plaintiff as the owner of the land of this case.

3. Judgment on the defendant's defense

A. 1) The defendant's defense of the acquisition by prescription against possession is judged as to the case (B) and (c) of this case, while living in the house of this case from the ray to the date, with independence, performance, and peace for not less than 20 years.