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

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

1. The following facts are acknowledged as either a dispute between the parties, or as a whole by taking account of Gap evidence 1, Eul evidence 4, Eul evidence 2, Gap evidence 2, and the purport of the entire pleadings as a result of the measurement and appraisal commission against the mining branches of the Korea Land Information Corporation.

A. On December 10, 1993, according to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992, invalidation) with respect to the registration of ownership transfer for reasons of sale on October 15, 1983, the mother, on January 22, 2003, completed the registration of ownership transfer for reasons of donation to the Plaintiff, who is the mother, on December 31, 2002.

B. The Defendant owns D large scale D 800 square meters (hereinafter “Defendant-owned land”) and its ground building (hereinafter “Defendant-owned building”) adjacent to the instant real estate in Gwangjuyang-si.

다. 그런데 피고 소유 건물의 일부가 이 사건 부동산 중 별지 도면 표시 ㅊ, ㅈ, ㅋ, ㅌ, ㅍ, ㅂ, ㅅ, ㅊ의 각 점을 순차로 연결한 선내 ‘나’부분 23㎡ 지상에 존재하고 있고, 피고가 감나무를 심어 과수원으로 점유사용하는 토지에는 이 사건 부동산 중 같은 도면 표시 ㅇ, ㅈ, ㅊ, ㅇ의 각 점을 순차로 연결한 선내 ‘다’부분 1㎡ 부분이 포함되어 있다

(hereinafter the aforementioned parts of the instant real estate are combined to “the part concerning the dispute” (hereinafter “the part concerning the dispute”). 2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the building owned by the defendant on the ground of the dispute in this case among the real estate in this case and collect trees, and deliver the above part of the land, and return unjust enrichment equivalent to the rent acquired as a result of the possession and use of the above part of the dispute in this case.

B. The defendant's defense 1 occupies the dispute part among the real estate of this case for not less than 20 years.