1. The defendant, among the 47 square meters in the 47 square meters in the Seoul Special Metropolitan City, shall be the plaintiff 1, 2, 3, 4, 5, 6, 7, 8, 9.

1. Basic facts

A. On September 19, 2006, the Plaintiff completed the registration of ownership preservation in the name of the Plaintiff pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 7500, May 26, 2005 and enforced January 1, 2006) with respect to the land of 47 square meters in the Seoul Special Metropolitan City, Chungcheongnam-gun, Seoul Special Metropolitan City (hereinafter “instant land”).

B. The Defendant owned and used a fence and gate installed on the ground of Section 1, 2, 3, 4, 5, 6, 7, 9, 99, and 28 square meters in the ship (c) part of 28 square meters in the ship, which connects each point of 1, 2, 3, 4, 5, 5, 7, 5, 7, 9, 99, and 100 square meters in sequence, adjacent to the instant land (hereinafter “Defendant-owned land”).

[Grounds for Recognition] A without dispute, entry of Gap evidence 1 to 5, result of on-site inspection by this court, result of appraiser E's appraisal, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant, as the owner of the land of this case, has a duty to remove the fences and gates installed on the ground of the land occupied by the defendant and deliver the said land to the plaintiff, unless there are special circumstances.

B. The Defendant’s assertion and its determination 1) The Defendant’s assertion that the Defendant’s land occupied by the Defendant was purchased in an unregistered state from the network G, and the Defendant’s father H purchased the Defendant’s land from the network G by installing a fence and gate on January 6, 1981 and occupying it in a peaceful manner for twenty (20) years on the ground, and the acquisition by prescription for possession of the above land was completed on January 6, 201. Since the Defendant continues to occupy the land by inheritance from the network H, there is no obligation for the Defendant to deliver the said land to the Plaintiff. 2) The Defendant’s father F purchased the Defendant’s land from the network G.

Inasmuch as there is no evidence to acknowledge that the Defendant’s father He installed a fence and gate on the ground of the above land on January 6, 1981, and possessed them for twenty (20) years from that time, according to the written evidence No. 7 and No. 8.