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1. The Defendant, among the land size of 15.2 square meters in Jung-gu, Seoul, Jung-gu, Seoul, each point of which is indicated in the annexed drawing Nos. 7, 8, 9, 10, and 7.
Reasons
1. Basic facts
A. On June 20, 1974, C, the Plaintiff’s father, purchased from D, E-Gu, Jung-gu, Seoul (hereinafter “E land”) a building on its ground (a wooden part and jugu, 1, 104.96 square meters in 1, 1, and 1,28.84 square meters in 1,28.84 square meters in 1, 1974; hereinafter “instant building”), and completed the registration of ownership transfer of the said land and building on the same day.
B. However, the instant building is constructed over a part of land 1.5 square meters, which is connected in sequence to each point of the attached Form 1, 7, 8, 9, 10, and 7, demarcated by the boundary of 15.2 square meters in Jung-gu, Seoul (hereinafter “instant land”) owned by the Defendant, which is adjacent to the land E and connected to the said land.
B. C died on April 17, 2000.
Co-inheritors, including the Plaintiff, shall consult on and divide inherited property to own the land and the building of this case, and complete the registration of ownership transfer on May 31, 2001.
[Ground of recognition] The fact that there is no dispute, each entry of Gap's 1 through 9 (including each number), the result of the survey and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings
2. The plaintiff asserts that the part used as the site for the building of this case among the land of this case is 5.4 square meters of the part of the land, and that the plaintiff's attached network C occupied as the owner's intention on June 20, 1974 from the time when the ownership of the building of this case was acquired on June 20, 1974, since the plaintiff succeeded to the possession and continued to possess 5.4 square meters of the above land for 20 years, it is argued that the plaintiff acquired the prescription of 5.4 square meters of the above land.
In this regard, the defendant is not entitled to dispose of the land belonging to the defendant in accordance with the Act on Special Measures for the Disposal of Property Belonging to the defendant, and the plaintiff's attached network C does not have the right to dispose of it.