1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 6, 1987, the Plaintiff completed the registration of ownership transfer with respect to the land indicated in the separate sheet (hereinafter “instant land”) and registered as the owner from around that time to the date of closing argument.

B. On April 28, 1986, C was an owner of 137 square meters (hereinafter “Defendant-owned land”). On the said land, C newly built a brick structure, lub roof, 75.9 square meters on a second floor, 75.9 square meters, 75.9 square meters on a second floor, and 75.9 square meters on an underground room (hereinafter “Defendant-owned building”).

Since then, C sold land and buildings owned by the defendant to E on May 21, 1992.

C. As to the land owned by the Defendant and the building on its ground, the Defendant registered the ownership transfer on the ground of sale on December 26, 2001.

Of the land in this case, the line connected each point of the attached table Nos. 4, 12, 13, and 5 are constructed with a fence outside the boundary of the building owned by the defendant, and the building owned by the defendant is constructed on 3.3 square meters in the part of the ship connecting each point of the attached table Nos. 4, 12, 13, 6, 5, and 4 in order to connect each point of the attached table Nos. 4, 12, 13, 6, 5, and 4 among the land in this case. There are the end of the building owned by the defendant on the part of the land (b) 30.8 square meters in order to connect each point of the same map No.

(hereinafter, the above part is referred to as "the dispute part"). [Grounds for recognition] The parties are not interested in the dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff asserts that, as seen above, the defendant occupied the part of the dispute without any title, the plaintiff is obligated to remove the wall and the building and deliver the said part of the dispute to the plaintiff who is the owner of the land of this case.

In this regard, the defendant's defense that the defendant cannot respond to the plaintiff's claim is completed due to the completion of the prescriptive acquisition on the above dispute part.

(b).