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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs completed the registration of ownership transfer with respect to the land of 226 square meters in Jung-gu, Seongdong-gu, Sungnam-gu (hereinafter “Plaintiff’s land”) on June 29, 2003 as shares of 1/2 on July 30, 2003, respectively.
B. E completes the registration of ownership transfer on February 27, 1985, on the land adjacent to the Plaintiff’s land, F-211 square meters (hereinafter “Defendant’s land”) and on the house of cement brick sap and brick and saves saves (hereinafter “Defendant’s house”) with respect to the two-storys of cement cement saves adjacent to the Plaintiff’s land.
On the other hand, on May 15, 2001, the defendant completed the registration of ownership transfer on June 2, 2003 on the above land and housing due to inheritance by consultation and division.
C. On the other hand, the Defendant’s housing was built with a fenced to approximately 0.1 square meters of the Plaintiff’s land, such as the indication of the attached drawing.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6 (including virtual number), the purport of the whole pleadings
2. Determination
A. 1) The parties’ assertion 1) The plaintiffs asserted that the defendant owns a house which is composed of approximately 0.1 square meters of the Plaintiff’s land without any particular right, and therefore, they are obligated to remove the stairs structure of the part in question and deliver the above part of the land. Accordingly, the defendant asserts that the prescription period for the acquisition of possession has expired since he occupied the above part of the crime with the intention to own for not less than 20 years without recognizing the above intrusion from the time he owned the Defendant’s house.
According to the above basis of recognition, E, the inheritee of the defendant, acquired ownership on February 27, 1985 with respect to the defendant's house, started possession of the above part of the crime, and the defendant succeeded to the possession of E by inheritance of E, which eventually occupied the above part of the crime for not less than 20 years.