1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 1986, the Plaintiff completed the registration of ownership transfer with respect to Ddong (hereinafter “Ddong”) C large 30 square meters (hereinafter “instant land”).

B. On March 29, 1978, E completed the registration of transfer of ownership with respect to the housing and the three-storys of the FF ground reinforced concrete structure adjoining the instant land (hereinafter “Adjoining building”).

C. The Defendant purchased an adjacent building from E on August 1, 2014 and completed the registration of ownership transfer made on August 18, 2014.

An adjacent building is a part of 3 square meters (hereinafter referred to as “(i) land”) inboard (hereinafter referred to as “land”) connected with each point of the attached Form 1, 2, 3, 4, and 1 in sequence among the land in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, result of the commission of appraisal to the Korea Land Information Corporation by this court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion interferes with the plaintiff's exercise of ownership over the land of this case by occupying the land of this case through a neighboring building. Thus, the plaintiff is obligated to remove the part on the ground of (a) land of the adjacent building, deliver the land, and pay the same money as the claim for unjust enrichment equivalent to the rent for the land of (a) land.

B. The defendant's assertion completed the statute of limitations for the possession of the land (1).

3. Determination

A. According to the above facts, if the person who registered the ownership of land E continues to be identical during the period of prescriptive acquisition from March 14, 1998, the defendant shall take the starting point of the voluntary starting point after the former possessor commenced the possession as the starting point of the possession even in cases where the total period of the possession of the former possessor has elapsed 20 years after the succession of the possession.