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1. The defendant is not less than 255m20,000,000
(a)each point of the separate sheet No. 6, 15, 16, and 12.
Reasons
1. Facts of recognition;
(1) On August 29, 200, the registration of ownership transfer under the Plaintiff’s name was completed on August 29, 200 with respect to Busan Jin-gu C, Busan (hereinafter “Plaintiff’s land”) and there was a building D-209 square meters and its ground surface (hereinafter “Defendant’s land and building”). The Defendant purchased the Defendant’s land and building on July 18, 1987 and completed the registration of ownership transfer under its name.
B. The Plaintiff’s land: (a) installed the pipes of PVC, the diameter of which is about 75 meters, and about 1.8 meters in length, and (b) installed 0.12 meters in width, 1.9 meters in height, 16.3 meters in length, and concrete axis with 1.8 meters in height (hereinafter “instant PVC pipe, fence, and tin axis”) on the line of the Plaintiff’s land, each of which is connected in order to each point of the items indicated in the separate sheet No. 6, 15, 16, and 12; and (c) the part of the instant PVC pipe, fence, and 1.5 meters in diameter connected each point of the same drawing No. 5, 6, 7, 8, 12, 13, 14, and 5.
[Ground of recognition] Evidence No. 1-1, Evidence No. 4, Evidence No. 4, Evidence No. 4-1, and Evidence No. 4-2, the result of this court’s measurement and appraisal commission to appraiser E, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant has the duty to remove the PVC pipe, fence, and tin, and deliver the part of the site of this case to the plaintiff, unless he asserts and proves that he has a legitimate title to possess the part of the site of this case.
B. As to the Defendant’s assertion 1, the instant PVC pipe, fence, and stone stone were prior to the Defendant’s purchase of the Defendant’s land and building on July 18, 1987.
Since the Defendant has occupied the instant land portion in a peaceful manner with the intention of ownership for at least 20 years, the prescriptive acquisition period was completed around July 17, 2007.