1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On May 31, 2013, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on April 5, 2013 from the net C, which completed the registration of ownership transfer on April 11, 1975.

B. On December 22, 1984, the Defendant completed the registration of ownership transfer for reasons of sale on December 17, 1984, with the buildings listed in attached Table 1 Paragraph (1) (approval for use on February 20, 1966; hereinafter “instant Defendant building”) constructed on the land adjacent to the Plaintiff’s land of this case in Busan-gu, Busan-gu, Busan-do, and its ground.

C. According to the result of the court’s entrustment of survey and appraisal, the part as indicated in [Attachment 1] Paragraph (3) of [Attachment 1] among the Defendant’s instant building and Paragraph (4) of [Attachment 1] installed in the said Defendant’s building (gas, air-conditioning, electric pipes, etc.) occupy the ground of the instant Plaintiff’s land (hereinafter “instant part”) and according to the court’s entrustment of survey and appraisal of rent, unjust enrichment equivalent to the rent from May 1, 2005 to December 31, 2015 is the sum of KRW 5,307,600, and unjust enrichment from January 1, 2016 is the sum of KRW 549,900 annually.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1 through 7, Eul evidence 1 and 2, each entry and video (including paper numbers), the result of the survey appraisal and the commission of the rent appraisal by this court, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to remove the part of the instant crime to the Plaintiff, and deliver to the Plaintiff four square meters of land among the Plaintiff’s land corresponding to the said part (Article 5, 4, 14, 6, and 5 of the attached Form 2 drawings successively connected each point), and the Plaintiff is obligated to return unjust enrichment and future unjust enrichment equivalent to the rent within ten years prior to the filing of the instant lawsuit sought by the Plaintiff.

B. As to the defendant's defense of the acquisition by prescription, the decision is made.