1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Determination as to the cause of claim

A. 1) The Plaintiff is the owner of the instant land, who purchased the instant land from F on May 13, 2015, and completed the registration of ownership transfer on May 14, 2015. 2) The Defendant is the owner of a wooden low-rise house (hereinafter “instant house”) located on the land adjacent to the instant land.

그런데 이 사건 주택 중 일부분이 이 사건 토지 중 별지 도면 표시 ㅍ, ㅎ, ㄱ‘, ㄴ’, ㄷ', 6, ㅍ의 각 점을 차례대로 연결한 선내 (다)부분 39㎡ 이하 '침범부분'이라고 한다

(2) An appraiser has occupied the ground. [The fact that there is no dispute over the ground for recognition, each entry of Gap Nos. 1 and 2, the result of the appraiser D’s survey and appraisal, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant, as the owner of the instant land, is obligated to remove the part on the part on the part on the crime of the instant house and deliver the land on the part on the crime of the instant house to the Plaintiff seeking the exclusion of interference.

2. Judgment on the defendant's assertion

A. The Defendant, on August 30, 1980, occupied the instant land without receiving a demand for removal from the former owner of the instant land after the purchase of the instant land on August 30, 1980. Therefore, even if the period of prescription for the acquisition of the Defendant’s possession of the instant land has expired at the expiration of 20 years from August 30, 1980, the Defendant’s possession of the instant land was completed. (ii) Even if the period of prescription for the acquisition of the real estate due to the possession of the real estate has expired, the occupant may not claim the prescriptive acquisition against the third party, barring special circumstances, if the ownership transfer registration is completed with respect to the relevant real estate between the person who occupies the

(See Supreme Court Decision 97Da56495 delivered on April 10, 198). Therefore, even if the Defendant occupied the part of the crime as an intention to own it from August 30, 1980, and acquired by prescription at the expiration of 20 years thereafter, it shall not be registered in the name of the Defendant.