1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The forest land in Pyeongtaek-gun, Chungcheongnam-gun was originally owned by E, the father of D. As part of the said forest land was divided on March 6, 1980 and the remaining 916 square meters of the said forest land registered as subdivision was changed to “pre-sale,” the ownership transfer registration was completed due to the sale on October 10, 1974.

G, who is the father of the defendant, completed the registration of ownership transfer based on the sale on the same date on September 27, 1982. On June 25, 1991, the previous land category was changed to "miscellaneous land" and the defendant completed the registration of ownership transfer based on the inheritance by agreement and division as of January 5, 2000.

After that, as the land category of the miscellaneous land was changed to a building site, the land category of the miscellaneous land became a building site of 916 square meters in Pyeongtaek-gun, Chungcheongnam-gun.

B. (hereinafter referred to as the “instant real estate”) all the land category C (such as a miscellaneous land, a miscellaneous land, and a lot) of 916 square meters in Pyeongtaek-gun, Chungcheongnam-gun.

From November 7, 1986, the Plaintiff owned a house of 194 square meters (hereinafter “Plaintiff-owned real estate”) from the former, Pyeongtaek-gun, Jeonnam-gun, the immediate adjacent to the instant real estate from November 7, 1986, and the Defendant uses the real estate owned by the Plaintiff as a field yard.

C. The Defendant is occupying and using the entire real estate in the instant case, while examining the building newly built on the (C) section of the ship connecting each point of the following items, e.g., drawings 1, 61, 71, 51 on the ground of the instant real estate.

[Ground of recognition] The facts without dispute, Gap evidence 2-1 and 2-2, the result of this court's request for surveying and appraisal to the head of the Hap branch office of the Korea Land Information Corporation, the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion: (a) E sold only the remaining part of the instant real estate, excluding 79 square meters (24 square meters; hereinafter “instant real estate”) to F; and (b) D, E’s son, sold the instant real estate to the Plaintiff on August 11, 1987.

The Plaintiff purchased the instant real estate and thereafter sold the instant real estate to G.