1. The plaintiff's claim is dismissed.

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

1. Factual basis

A. The Plaintiff completed the registration of ownership transfer with respect to the land size of 123 square meters in Busan Seo-gu C, Busan Seo-gu (hereinafter “instant land before the instant partition”). The Plaintiff, the Defendant, 13/123, and D 37/123 share, and the Plaintiff, the Defendant, and D possessed each of their own buildings on the above land, while owning them on the above land.

B. The Plaintiff filed a lawsuit as to partition of co-owned property on the land prior to the partition under Busan District Court Decision 2008Gadan49901, and the above court rendered the lawsuit on June 22, 2009, the Plaintiff 73 square meters as of the boundary of each of the above ground buildings.

2. The portion of “A” and the portion of “D” and the portion of “D” indicated on the appraisal shall be 6m2 and 13m2 (attached Form) by the Defendant

2. The portion in which the appraisal is entered as “B” and D 37 square meters (attached Form).

2. The judgment was rendered by dividing the land as the one in which the appraisal was owned as well as the one in which the said land was divided. As the Defendant’s appeal (Seoul District Court 2009Na12167) was dismissed, the said judgment became final and conclusive on January 6, 2010 (hereinafter “the final judgment”) (hereinafter “instant partition of co-owned property”).

(2) According to the above judgment, the Plaintiff owned Clux 66 square meters (hereinafter “A”) and Elux 7 square meters (hereinafter “B”), and the Defendant divided the said part into Flux 13 square meters into Flux 13 square meters (hereinafter “B”), on April 9, 2010, the G site was merged into G site (45 square meters after the merger). C. The building owned by the Defendant on the ground of the said part “B” (hereinafter “instant building”) located within 45 square meters in G site that was combined after the division of the land due to the partition of co-owned property, and the part of the outer wall of the building (hereinafter “the outer wall of this case”).

A. Attached Form among the land divided by the adjacent plaintiff's land C

1. The portion “B”, which was connected in sequence of each point of 9, 2, 12, 11, 10, 9, is being invaded from the point where the height of “B” is 1m high at a height of 1m above ground.

[Reasons for Recognition] There is no dispute, A.