1. On October 30, 2014, the Plaintiff (Counterclaim Defendant) filed a motion with the Changwon District Court in relation to the size of 242 square meters in the course of smuggling C.

Basic Facts

On August 31, 1955, the network E purchased from the Republic of Korea a building on its ground (hereinafter “instant building”) with a size of F-172 square meters (hereinafter “Defendant’s land”), which was the property devolving upon the State as of August 31, 1955. Before December 20, 1960, the network E donated the Defendant’s land and the instant building to the deceased G, his spouse, before the death.

On August 28, 1985, the deceased G completed the registration of initial ownership in its name with respect to the instant building, and completed the registration of initial ownership in the name of H, a child, on April 15, 1994.

The deceased G donated the instant building to H on March 18, 1997, and completed the registration of ownership transfer on March 19, 1997, and H sold the Defendant’s land and the instant building to the Defendant on May 26, 2014, and completed the registration of ownership transfer on May 27, 2014.

C On May 13, 198, after completing the registration of ownership transfer on D large 242 square meters (hereinafter “Plaintiff’s land”) adjacent to the Defendant’s land, C donated the Plaintiff’s land to the Plaintiff who is a child on October 29, 2014, and completed the registration of ownership transfer on October 30, 2014.

On the other hand, part of the instant building infringes on the Plaintiff’s land as follows.

(B) The part of the Plaintiff’s land, which was invaded by the building of this case, was connected in sequence with each point of 3,4,11,10,10,9,9, and 3 indicated in the annexed drawings, and the part (B) part (C) of the building of this case was connected in sequence 20 square meters to each point of 5, 15, 14, 13, 12, and 5 of the annexed drawings of the building of this case, and the part (c) of the building of this case was above 8 square meters, 8 square meters of the above ground for recognition (including each number) 1 through 4, 15, 14, 13, 12, 10, and 10 of the building of this case, each part of the building of this case owned by the Defendant was connected with the land of this case, and the result of appraisal entrustment to the Korea Land Information Corporation and the whole purport of the argument as to the ground for the claim of this lawsuit.

Therefore, it is special.