1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The registration relationship between the instant building site and neighboring land is 1) The registration relationship between the building site and the instant neighboring land is 820 square meters wide and Seo-gu, Changwon-si (hereinafter “instant building site”).

On May 31, 1943, the registration of ownership transfer was completed in D (the title E). On November 18, 1955, the registration of ownership transfer was completed in the Defendant’s future on August 16, 2012 on the ground of the inheritance of property due to the consultation division. (2) On the other hand, on June 3, 1945, F, the father of the Plaintiff, entered into a sales contract with E, who purchased the instant land and the instant land adjacent thereto, with the content that F, the Plaintiff’s father, purchased the instant land and the instant land, which was about 661 square meters.

Among them, the registration of ownership transfer was completed on the ground of sale on March 10, 1972 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate on July 26, 1980 (No. 3094) with respect to the GJ 661m2 in Changwon-gu, Changwon-si, Changwon-si.

B. Of the present site of this case, the part 196 square meters in sequence Nos. 1, 2, 3, 4, 5, 6, 27, 28, 29, 30, and 1 of the annexed drawing among the annexed drawing among the land of this case is the remaining part of the land of this case where the area is larger than that of the other Y, caused by occurrence, crush, and e.g., the Plaintiff cultivates as dry field.

Attached Form

Sub-section 129m2, which connects Nos. 6, 7, 8, 9, 31, 26, 27, and 6 of drawings, is a housing site in which H resides.

Attached Form

Part 135 square meters in order to connect 9, 10, 11, 12, 13, 14, 15, 33, 32, 31, 9 of drawings are currently vacant lots.

Attached Form

The area of 213 square meters, which connects Nos. 15, 16, 34, 23, 24, 25, 26, 31, 32, 33, and 15 of drawings, is a housing site in which I reside.

Attached Form

A part of 147 square meters at 16, 17, 18, 19, 20, 20, 21, 22, 23, 34, and 16 of drawings are the land for the plaintiff's housing that has been placed as a retaining wall.

(hereinafter) Each of the above parts shall be specified as the "contributed part, etc.". 【No dispute exists, the entry in Gap 1, 2, and 3 (including a Serial number; hereinafter the same shall apply), the images in Eul 2, the testimony in the first instance court H, I, and the testimony in the first instance court, the appraisal commission to the Korea Land Information Corporation in the first instance court.