1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of

2. According to the above facts of determination as to the cause of the claim, the Defendant, through an unauthorized household building owned by him (hereinafter “the instant provisional building”) and without authority, intrudes the area of 6m2 in the instant land.

Therefore, barring any special circumstance, the Plaintiff is obligated to remove the pertinent portion of the instant building located on the ground of six square meters in a ship, deliver the land of six square meters in a ship, and pay rent equivalent to the rent from January 2004 to August 31, 2015 as unjust enrichment from the possession and use of six square meters in a ship, and to pay damages for delay thereof, and to pay unjust enrichment for the rent equivalent to the rent from September 1, 2015 to September 1, 2015 to the date on which the delivery of the land of six square meters in a ship is completed or the Plaintiff loses its ownership.

On the other hand, the plaintiff alleged that the household building of this case is in violation of other parts of the land of this case in addition to 6 m2 in the ship, but there is no evidence to acknowledge it. Thus, this part of the plaintiff's assertion is without merit.

3. Defendant’s assertion and judgment

A. Since the Defendant’s assertion that he was the Defendant, on May 17, 197, acquired the building E and the fourth floor above the land, he occupied the building site of more than 20 square meters in which he had possessed for more than 20 years. Since the acquisition by prescription under Article 245 of the Civil Act was completed after the death of the deceased, the Defendant occupied and occupied the building site of more than 6 square meters. Thus, the Plaintiff did not have any obligation to comply with the instant claim.

B. As to the completion of the statute of limitations for the acquisition of possession, according to the following images: (a) whether the deceased possessed 6m2 in the ship through the building of this case from May 17, 197 through the building of this case; and (b) according to the evidence No. 23-1 to No. 3, the building of this case was newly constructed at least after November 22, 1994; (c) on the other hand, each of the above evidence and evidence No. 6 and No. 7 as well as the witness of this case.