1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 30, 2009, the Plaintiff acquired ownership by winning it at the auction procedure with respect to Seodaemun-gu Seoul Metropolitan Government 195 square meters (hereinafter “Plaintiff’s land”).

B. With respect to the land of the Plaintiff, Seodaemun-gu, Seoul, Seoul, and 251 square meters adjacent to the land (hereinafter “Defendant’s land”) and the 55.37 square meters of the land as well as the mentor of the mentor of the mentor and the sappar, F acquired the ownership on the ground of sale on June 21, 1983, and thereafter, the Defendant acquired the ownership by winning a successful bid in the auction procedure on March 28, 1995.

C. On July 2, 2012, Defendant B’s former port (hereinafter “Defendant’s house”) determined the leased house of KRW 70 million, monthly rent of KRW 300,000,000 as the leased deposit, and the lease period from September 11, 2012 to September 10, 2014, and resides therein.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional number), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. Since the plaintiff's alleged defendant's house and fence invadeds the plaintiff's land as stated in the purport of the claim, the defendant returned the affected land to the plaintiff, and removed part of the defendant's house and fence installed on the affected land, and the designated person C has the duty to withdraw from the affected land and the above affected land.

B. 1) Where a parcel of land is registered with one parcel in the cadastral record under the Cadastral Act, the location, lot number, land category, land category, and boundary of the parcel of land shall be specified by registration unless there are other special circumstances, and the scope of ownership shall be determined by the boundary on the public register regardless of the actual boundary, regardless of the actual boundary. However, in preparing the cadastral map, where there are special circumstances such as where the boundary on the cadastral map was prepared differently from the true boundary due to technical errors, such as erroneous selection of points in preparing the cadastral map, the boundary of the land shall be based on the actual boundary (Supreme Court Decision 195. Apr.