1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 6, 1938, the Defendant completed the registration of preservation of ownership with respect to land of 1160 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu and owned the above land. On June 21, 1984, the Defendant completed the registration of ownership transfer with respect to the land of 1160 square meters and completed the registration of ownership transfer based on the partition of co-owned property on March 19, 1987, after dividing a part of the shares in the above land to C and one other. The above land was divided on January 6, 1987.

B. The Plaintiff’s attached network D transferred to E on March 14, 1982.

C. On April 17, 1982, the network D purchased from the Korea National Housing Corporation the F 192 square meters in Gyeyang-gu, Soyang-gu, Seoul (hereinafter “instant adjacent land”) adjacent to the instant land, and as to this, it owned the registration of ownership transfer as the receipt No. 1171 on January 14, 1998.

On April 24, 1992, the network D made a move-in report on the adjoining land of this case. On February 28, 1996, on the ground of the adjoining land of this case, D obtained a building permit for the houses of 1st floor and 2nd floor above ground (1st floor, 93.85 square meters, 2nd floor, 38.05 square meters above 93.85 square meters above 2nd floor, and 93.85 square meters below hereinafter referred to as “the adjoining building of this case”) and started the new construction work around April 1996. On October 5, 196, 196, D obtained approval for the use of the adjoining building of this case.

E. On May 26, 2010, the Plaintiff received testamentary gifts of the adjoining land and buildings of this case, and completed each registration of ownership transfer on October 8, 2010, owned the adjoining land and buildings of this case.

F. The Plaintiff occupied the land adjacent to the instant case and occupied the portion of 38 square meters in the part “(vii)” (hereinafter “the part “instant marina”) of the attached drawing indicating 1,2, 3, 4, 5, 66, and 1 in sequence connected each point of the instant land, among the instant land, as the land adjacent to the instant case, as the end of the instant neighboring building. The Plaintiff is using 80 square meters in the portion of the remainder of the instant land (hereinafter “the instant farming part”) as the farmland.

G. The defendant is the defendant as above.