Text
1. The Plaintiff:
A. Defendant B is marked with the attached appraisal map on the land of 288 square meters of F forest in Ansan-si, Ansan-si. 3,4,5,6,7,8,3.
Reasons
1. Basic facts
A. The Plaintiff is the owner of F forest land 288 square meters (hereinafter “instant F land”) in Ansan-si, and the Republic of Korea (16/238 shares) and the network H (182/238 shares, and completed the transfer registration on July 9, 2019 due to the inheritance by agreement division (hereinafter “instant G land”) and the Defendant B (40/238 shares) share the same.
B. The unregistered and unauthorized housing owned by the Defendant B, which is constructed on the instant G land (hereinafter “instant building”) is constructed by erosion of 11 square meters in part of the attached Table 3, 4, 5, 6, 7, 8, and 3 in the ship connected each point of the instant F land, among the instant land in sequence, and the same appraisal is also used as a marina, which connects each point of 1,2, 3, 8, 9, and 1 each point of the attached Table 1,2, 3, 8, 9, and 1.
C. Defendant C, D, and E moved in the instant building and reside therein.
[Ground] A evidence Nos. 1 through 3, and the inquiry results on J-Myeon in Ansan-si on April 12, 2018, the result of the inquiry on the Korea Land Information Corporation's branch office within the Korea Land Information Corporation's entrustment of appraisal, the purport of the entire pleadings
2. Determination
A. Defendant B, the owner of the instant building, seeking the exclusion of interference as the owner of the instant F land, is obligated to remove the attached appraisal map No. 3, 4, 5, 6, 7, 8, and 3, which are constructed on the instant F land, in sequence connected with each of the items on the instant F land, and remove 11 square meters of the building on the part of the instant F, and deliver two square meters of the land on the part of the instant B, which are collectively connected with each point of 11 square meters and the same appraisal map No. 1,2, 3, 8, 9, and 11 square meters of the land on the said B, and Defendant C, D, and E are obligated to withdraw from the said part of the building No. 11 square meters.
B. As the above defendant Eul's assertion was occupied by the intention of ownership for not less than 20 years, the acquisition by prescription was completed, and the removal of the building used as the residence constitutes an abuse of rights.