The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. The Plaintiff is the owner of Jinjin-gu Seoul Metropolitan City D 293 square meters (hereinafter “instant land”). The Defendant is the owner of C large 149 square meters adjacent to the instant land (hereinafter “ adjacent land”) and the building on the ground (hereinafter “ adjacent building”).

B. On May 27, 1989, E completed the registration of transfer of ownership due to gift, and the Plaintiff completed the registration of transfer of ownership due to purchase and sale on September 7, 2006, and the registration of transfer of ownership was completed on May 22, 1991 for neighboring land, and on October 12, 1993 for neighboring buildings, the registration was completed in the name of each F on October 12, 1993, while the registration was completed in the name of each F on April 27, 2002, and on May 22, 2003 by the Defendant in sequence.

(c)

A neighboring land is not more than 20% of the building-to-land ratio that can be constructed as a green area under the National Land Planning and Utilization Act, and an adjacent site not less than 282m2 is also necessary in addition to the neighboring land.

At the time of constructing a neighboring building, the owner of the land of this case

E prepared a written consent to land use to the effect that he approves the use of the instant land as the site of an adjacent building.

(d)

When using part of the instant land as a parking lot, the Defendant paid KRW 50,000 per month to E for rent until 2015, but paid to the Plaintiff from January 2016 to November 2018 that the Plaintiff refused to receive rent.

E. Since the instant land is used as a site for an adjacent building, it is practically impossible for the Plaintiff to construct a building lawfully on the ground of the instant land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, Eul's factual inquiry reply to the Jung-gu Office, E's testimony, and the purport of the whole pleadings

2. Determination

A. As a result, the Defendant used the instant land as the site for an adjacent building, the Plaintiff could not construct a building on the instant land.