1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 29, 1995, Dongg-gu, the Plaintiff’s spouse, completed the registration of ownership transfer on September 27, 201 with respect to the land of this case on September 29, 1995, which was based on sale and purchase on September 25, 1995, with respect to the 35.25 square meters of the above ground-based cement block building and the cement block block 182 square meters of land (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on September 4, 201, based on inheritance by consultation and division.

B. On May 6, 1979, the Defendant and the Defendant’s father E purchased a house of F 208 square meters and its ground (hereinafter “the instant house”) adjacent to the instant land, Mapo-gu, Northern-si, Mapo-si. The Defendant completed the registration of ownership transfer on the ground of sale on August 24, 1985 with respect to the said F 208 square meters on May 6, 1979 with respect to the said F 208 square meters.

C. At present, the instant housing is constructed by following the construction of a part of 32 square meters in the ship (B) connected each point of the attached Table 1, 2, 12, 11, 10, 9, 8, and 1 in sequence among the instant land (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap evidence 5-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant possessed the land in the dispute of this case by owning the house of this case.

Therefore, barring any special circumstance, the Plaintiff is obligated to remove the portion of (B) above ground buildings (B) that connects each point of the attached Table 1, 2, 12, 11, 10, 9, 8, and 1 among the instant housing, and to deliver the part of the instant housing land to the Plaintiff, barring any special circumstance.

B. The summary of the Defendant’s assertion 1 is as follows: (a) the Defendant purchased the land and housing owned by the Defendant from May 6, 1979, and occupied the part of the instant dispute in a peaceful and public manner with the intent to own the land; and (b) the period of prescriptive acquisition has been completed on May 6, 199 after the lapse of 20 years, and the Plaintiff, the deceased’s heir, can directly assert the prescriptive acquisition.