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The Defendant is the Plaintiff of Seongbuk-gu Seoul Metropolitan Government D major 119 square meters
(a) Attached marks 1, 2, 3, 4, and 5, respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of Seongbuk-gu Seoul Metropolitan Government D large 119 square meters (hereinafter “Plaintiff’s land”), and the Defendant is the owner of Seongbuk-gu Seoul E large 46 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).
B. As to the Defendant’s land, ① the net F was for sale on November 7, 1973; ② G, F’s son, was for inheritance of property by consultation and division on April 9, 1982; ③ G was for sale on May 11, 1990; ④ the Defendant, H’s wife, completed each registration of ownership transfer by gift on June 22, 2009.
C. G newly constructed, on the Defendant’s land, cement block structure, cement mortar and roof 53.92 square meters of housing (hereinafter “instant building”), and completed the registration of ownership preservation on March 12, 1986, and H completed each registration of ownership transfer on the instant building on May 11, 1990, and the Defendant completed each of the above buildings on June 22, 2009.
Meanwhile, the building of this case was constructed on the land owned by the Plaintiff, the Defendant, and the Republic of Korea adjacent to each of the above land from the time of its new construction. Among them, the attached appraisal of the Plaintiff’s land was also indicated 1, 2, 3, 4, 5, 6, 7, 8, and 1, and the Defendant occupied and used as the site and fence of the building of this case from May 11, 1990 to the day.
E. On January 19, 2018, the Defendant filed a lawsuit against the Plaintiff on the ground that he/she occupied the instant land in a peacefully and openly with the intent to own it for 20 years as Seoul Northern District Court Decision 2018Da102093, and the said court rendered a judgment dismissing the claim on December 20, 2018 on the ground that the possession of the instant land by H and the Defendant constitutes the possession of the land on the ground that it constitutes the possession of the owner, and the said judgment became final and conclusive on January 8, 2019.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, and Eul evidence No. 1;