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1. Revocation of a judgment of the first instance;
2. The Plaintiff:
A. Defendant B is among the lands listed in the [Attachment No. 1] list of real estate.
Reasons
1. Basic facts
A. The Plaintiff owns the real estate listed in the [Attachment 1] No. 1 of the real estate list No. 2 of the attached Table No. 1 (hereinafter “instant land”), and Defendant C and D owned the real estate listed in the [Attachment 2] No. 2 of the real estate list No. 2 of the attached Table No. 1 of the real estate list (hereinafter “instant land”), and Defendant C and C share the shares of 2/3 of the shares of the Defendant and the shares of 1/3 of the Defendant D as Defendant D, regardless of whether they were expropriated in Yeongdeungpo-gu Seoul Metropolitan Government on May 21, 2007 and were expropriated in Yeongdeungpo-gu Seoul Metropolitan Government on May 21, 2007.
B. The plaintiff resided in a temporary building on the plaintiff's land from June 26, 1985 and completed the registration of ownership transfer on February 13, 1988 after purchasing the plaintiff's land from Seoul Special Metropolitan City on September 16, 1985.
C. On April 6, 198, after the boundary restoration surveying on the Plaintiff’s land, the Plaintiff removed both the main body of a temporary building on the ground and the separate body of a temporary building on the ground, and newly built the housing of the first and second floors on the ground (hereinafter “Plaintiff’s housing”). On December 28, 1988, the Plaintiff continued to reside in the said housing after obtaining approval for use.
The plaintiff's housing was removed on December 4, 2009 by notification of removal in relation to road construction works. D.
At present, the fence, which functions as the boundary of the Plaintiff’s land and the Defendants’ land, is installed above the Defendants’ land, and the subordinate part of the wall inside the fence remains.
[Reasons for Recognition: Facts without dispute; entries in Gap 1 through 3, 5 through 7, 10, 14, 16, 17, and 23 (including virtual numbers) and the purport of the whole pleadings]
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff owned a lower wall located in the same place from the beginning of possession to the present, and a high wall that corresponds to the separate wall of a building that was possessed from the commencement of possession.