1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On April 7, 2014, the Plaintiff is the owner who completed the registration of transfer of ownership based on inheritance by agreement division with respect to the land of 813 square meters (hereinafter “instant land”).

The Defendant’s husband E owned a house of 277 square meters adjacent to the instant land, and resided therein, and constructed a new house of 1973 and a new house of 23.13 square meters (hereinafter “instant house”) with earth, bricks, and earth and stones, and continuously resided therein.

Since then, E completed the registration of ownership transfer by the ASEAN Branch of the Daejeon District Court on August 20, 1994 as the receipt No. 19284 on the above land, and in respect of the housing of this case, he has occupied it while possessing it in unregistered state.

The Defendant resided together in the instant house after marriage with E, and upon the death of E, jointly inherited his/her children’s property, and completed the registration of ownership transfer due to inheritance by consultation and division on November 12, 2008. As to the instant house, the Defendant completed the registration of ownership transfer under the name of the Daejeon District Court, Daejeon District Court’s ASEAN Branch Office, No. 58647, Nov. 23, 2010.

The Defendant resided in the instant house even after the death of E and has possessed it up to the present time. A part of the outer wall of the instant house, which was connected in order to each point of the instant land owned by the Plaintiff, is a construction of one kilometer of “A” part of “A” (hereinafter “the instant part”) in the ship connected in sequence of the indication 1, 2, 3, and 1 of the attached drawings.

[Reasons for Recognition] A’s Evidence Nos. 1 through 3, evidence Nos. 1 through 3, and evidence Nos. 1 through 3(including each number), and based on the facts as seen earlier, prior to the determination of the Plaintiff’s grounds for the Plaintiff’s claim, the part of the outer wall of this case owned by the Defendant’s ownership of the Plaintiff.