1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. On December 31, 1990, the Plaintiff completed the registration of ownership transfer on the ground of inheritance by agreement and division as of April 7, 1985 with respect to F. 195 square meters (hereinafter “the land No. 1”) and 1/4 shares (hereinafter “the land No. 2”) out of G field 979 square meters (hereinafter “the land No. 1”) at Dong-si, Dong-si and Dong-si, the Plaintiff completed the registration of ownership transfer on the ground of inheritance. B. 1) Of the instant land Nos. 1 and 2, the Plaintiff called “the land No. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 6, under the order of each of the items under item (a) of item (a) of the instant land linked to the ground flag and the boiler room No. 18,19, 201, 218.

(2) The network H died on April 15, 1980 on the ground that the building of this case was constructed over the land Nos. 1 and 2 of this case, such as the attached appraisal sheet.

C. The co-defendant B, D, and E of the Defendant and the first instance trial co-defendant B are children of the network H, who are the deceased H’s successors, and the Defendant’s inheritance shares are 1/4.

(B) The judgment of the court of first instance on the above B, etc. was affirmed as it is because the court of first instance did not file an appeal against the judgment of the court of first instance on the judgment of the court of first instance. 【In the absence of any dispute, Gap evidence 1, Gap evidence 2 (the same shall apply to Eul evidence 3), Gap evidence 4, the result of the on-site verification by the court of first instance on the part of the court of first instance on the part of the Korean Land Information Corporation, the purport of the entire pleadings

2. Determination

A. According to the facts acknowledged in paragraph 1.1. in front of the determination as to the cause of the claim, the Defendant, the heir of the deceased H, is obligated to remove the instant building within the scope of 1/4 shares, to the owner of the instant land and the Plaintiff, the co-owner of the instant land, and to deliver items (a) and (b) part of the instant building site among the instant land Nos. 1 and 2, which are the site of the instant building, to the land in question (hereinafter “each of the instant building site”).

B. As to the Defendant’s assertion on the prescriptive acquisition of superficies 1, the Defendant is the owner of the instant building.