1. The defendant, among the land size of 143.3 square meters in Jung-gu Incheon Metropolitan City, indicated in the attached drawings, c.c., 4, 5, 6, 9, 9, and 3.

1. Facts of recognition;

A. On July 30, 1996, the Plaintiff completed the registration of transfer of ownership on D, Jung-gu, Incheon (hereinafter “Plaintiff’s land”) and housing on its ground (hereinafter “Plaintiff’s building”).

B. On October 28, 1983, the Defendant completed the registration of ownership transfer based on sale with respect to the land of Jung-gu Incheon Metropolitan City, Jung-gu, 143.3 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land. The Defendant newly constructed a building on the Defendant’s land and completed the registration of ownership preservation on June 19, 196.

다. 과거 원고 토지를 소유하였던 E은 원고 토지 위에 건물을 신축(현재 원고 건물)하여 1979. 10. 4. 소유권보전등기를 마쳤는데, 그 때부터 피고 토지 중 별지 도면 표시 ㅈ, ㅊ, ㅋ, ㅌ, ㅈ의 각 점을 차례로 연결한 선내 (나)부분 2.9.㎡를 원고 건물 부지로 사용하며 점유해 왔고, 별지 도면 표시 ㄷ, ㄹ, ㅁ, ㅂ, ㅌ, ㅋ, ㅊ, ㅈ, ㄷ의 각 점을 차례로 연결한 선내 (다) 부분 3.3㎡를 원고 건물 처마 아래 부분 토지로 사용하며 점유해 왔다(이하 위 점유부분 합계 6.2㎡를 ‘이 사건 점유부분’이라 한다). 라.

Meanwhile, on August 25, 1981, F, the immediately preceding owner of the Plaintiff’s land and building, completed the registration of ownership transfer on the above real estate on the ground of sale and purchase, possessed the portion of possession of this case from that time, and the Plaintiff succeeded to the aforementioned F’s possession and possessed it up to now.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, and 8 (including additional numbers), the result of the appraiser G’s survey and appraisal, the purport of the whole pleadings

2. In light of Article 197(1) of the Civil Act, which presumed that the possessor of the above facts of recognition as to the cause of the claim was presumed to have occupied in a peaceful and public performance with his own will, the Plaintiff asserted that on August 25, 1981, when summing up F’s possession, the Plaintiff commenced possession from August 24, 1981. However, F is the Plaintiff’s building on August 25, 1981.