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1. The Defendants each indicated in the attached Form No. 28, 42, 41, 40, 39, 38, 37, 36, and 35, among the land size of 1,194 square meters before Kimcheon-si D, Kimcheon-si.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff owns 1,194 square meters (hereinafter “D”) and E large 26 square meters (hereinafter “E land”) before Kimcheon-si, Kimcheon-si, and owned each of the instant lands when called D land.
B. Defendant C, as the former owner of the F 208 square meters adjoining to each of the instant lands, has occupied the building up to the date of the building, and has installed a brightness panel and block fence on the line connecting each of the points of 28,42,41,40,39,38,37,36,35 in sequence, among the D land, with the indication of the attached drawing indicating 28,29,30,31,32,33,34,35,36, 37, 38, 39, 40, 41, 42, and 35 square meters in sequence, among the D land, and has occupied the building up to the date of the building, and has installed 35 square meters in sequence, 46,45, 444, 246, 246, 34, 264, 264, 36, 364, 264, 364, in sequence in sequence order.
C. Meanwhile, on November 10, 2001, Defendant C donated to Defendant B, who is a son on November 10, 2001, the Fancheon-si F 208 square meters and its ground buildings.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 5 (including serial number), the result of the measurement and appraisal commission to the Korea Land Information Corporation Kimcheon branch office, the purport of the entire pleadings
D. Therefore, the Defendants are obligated to remove each of the above boxes and blocks and fences installed upon the Plaintiff’s invasion of each of the instant land, and deliver the aforementioned part of the D land to the Plaintiff, 35 square meters, 12 square meters, and E (hereinafter “the instant part of land”).
E. As to this, the Defendants asserted that the acquisition by prescription for possession of the instant part of the land was completed, and that the Plaintiff’s right to remove each of the said naval panel and block fence and claim for delivery of the instant part of land constitutes abuse of rights.
The whole pleadings shall be made on each entry of evidence Nos. 4 and 5.