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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Defendant was the owner of 1,500 square meters of the land for warehouse C in Gunsan-si (hereinafter “instant land before subdivision”). On the ground that the Plaintiff occupied 123 square meters of the land before subdivision of this case, the Defendant filed a lawsuit against the Plaintiff seeking the delivery of the occupied portion (Seoul District Court 2013Kadan1292).
Therefore, the Plaintiff filed a counterclaim against the Defendant for the implementation of the procedure for the registration of ownership transfer on the ground of the completion of the statute of limitations for the acquisition of possession of the above 123 square meters in relation to the land prior to the instant subdivision (Seoul District Court 2013Kadan9444), on the ground that the statute of limitations for the acquisition of possession on the land prior to the instant subdivision has been completed.
The above court was true that the Plaintiff occupied 123 square meters of the land prior to the instant subdivision, which is the Defendant’s ownership. However, on November 21, 2013, deeming that the Plaintiff acquired ownership on the part of 22 square meters of the land prior to the instant subdivision on January 17, 2009, on the ground of the completion of the prescription for the acquisition of possession on January 17, 2013, “the Plaintiff shall deliver to the Defendant the portion (c) of the land prior to the instant subdivision, which was successively connected with each of the points of (d) the land prior to the instant subdivision, 101 square meters of the land to the effect that the Plaintiff acquired ownership on the part of 7,8,9,100,100 square meters of the land prior to the instant subdivision, and that the Defendant successively connected each of the said 4,5,6,18,16,15,14, and 2222 square meters of the land prior to the instant subdivision (hereinafter “the Plaintiff’s land ownership transfer”).
All appeals and appeals against the above judgment were dismissed, and the above judgment became final and conclusive.
Meanwhile, the Defendant installed a fence on the Defendant’s land, and transferred the relevant part against the Plaintiff on the ground that part of the building owned by the Plaintiff (hereinafter “instant building”) was invaded by part of the Defendant’s land.