1. The plaintiff's claim is dismissed.

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

1. On July 25, 1987, the basic facts were divided into B large 39 square meters and D road 123 square meters upon the application of C, the owner of Jongno-gu Seoul Metropolitan Government B large 522 square meters (hereinafter “pre-division”), and the E large 182 square meters adjacent to the land prior to subdivision were divided into E large 167 square meters and G large 15 square meters upon the application of F, the owner of which was at the time.

In addition, the land that was divided from the land before the division was inherited by the F and the transfer registration of ownership was completed on November 23, 1996.

After that, D-road 123 square meters, which was used as a road as of August 10, 2007, was combined with G road 15 square meters and became D-road 138 square meters (hereinafter “instant land”). B-39 square meters adjacent E-party 167 square meters and combined with B-party 566 square meters (hereinafter “the instant adjacent land”).

On the other hand, before the partition, there was a building C on the land before September 12, 197, but on July 18, 1987, it was registered as a house, etc. (hereinafter “instant building”) of a brick stud roof of the 2nd floor above the ground level, and thereafter the registration of ownership transfer was completed on November 23, 1996.

The Plaintiff purchased the instant land, the instant neighboring land, and the instant building, respectively, and completed the registration of ownership transfer on February 14, 2007.

The instant land is in the form of narrow and long extension, and its right is adjacent to B large 566 square meters divided and merged as above, and the left-hand side is adjacent to H.

In addition, the land of this case is the asphalt package and is used as a road that can pass by vehicles or pedestrians, and sewage, etc. are installed on the ground.

[Reasons for Recognition] A.1-6, 1-10, the purport of the entire pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion is the owner of the land of this case, and the defendant packaging the asphalt on the ground of the land of this case without the plaintiff's consent or permission.