1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is the owner of a house with a size of 62 square meters in Busan Dong-gu Ddong (hereinafter referred to as “Bansandong-gu”), F202 square meters in size, G 144 square meters in size and its ground, and the Defendant is the owner of a house with a size of 223 square meters in contact with E forest.

C and H changes I, J, and K (hereinafter “three persons, etc.”) on July 11, 198 with respect to one-third share of each of the 3,720 square meters of L forest land on July 11, 198, and one-third share of each of 54 square meters of C forest land on October 20, 1989.

M apartment was newly built on the ground of L, 3,720 square meters of land, and registration conversion, land category change, and N-land was completed on January 17, 1990, and registration preservation was completed on January 1990 with respect to M apartment on the land which is the object of site ownership.

On February 2, 1990, three parties, including I, completed the registration of ownership transfer with respect to C forest land 54 square meters. On January 8, 1993, O merged the said forest land and P forest land 174 square meters with C forest land 228 square meters.

C With respect to forest land 228 square meters, the registration of ownership transfer was completed under Q on February 28, 200 in the name of Q on April 24, 2000 as a result of the voluntary auction procedure, and on June 14, 2002, the registration of ownership transfer was completed on March 25, 2002 under the name of the Defendant on March 25, 2002.

Since then, the above forest became a 223m2 on February 18, 2004 after the division and land category change.

The transfer registration of ownership in the name of each RF was completed on October 25, 1989 with respect to one half of the ownership of the E land, etc. and the current status of the use of land, etc. E, and with respect to the remaining one half of the ownership, the transfer registration of ownership in the name of each RF was completed on January 9, 190.

With respect to the above forest land, the transfer registration under the name of S on July 14, 1995, the transfer registration under the name of T on January 9, 198, the transfer registration under the name of U on January 22, 1998, the transfer registration under the name of U on May 29, 199, the transfer registration under the name of V on September 30, 200, the transfer registration under the name of W on September 30, 200, the transfer registration under the name of X on November 9, 200, the transfer registration under the name of X on September 26, 200, the transfer registration under the name of M on September 30, 202, and the transfer registration under the name of M on March 30, 202.