1. The judgment of the first instance court, including the Plaintiff’s claim that was modified by this court, is modified as follows.

1. Basic facts

A. On February 27, 1981, the Plaintiff completed the registration of ownership transfer on the ground of a donation made on December 31, 1973 with respect to the land owned by the Plaintiff for 200 square meters in Gwangju Mine-gu D (hereinafter “Plaintiff-owned land”).

B. The defendant completed the registration of ownership transfer on February 20, 1981 for the land of this case on April 5, 1966.

(The area on the register was 12 square meters at the time of acquisition, and the area was corrected to 7 square meters on March 24, 2015.

Plaintiff

The location of the land owned, the surrounding land, and the current status of the surrounding land are as shown in the attached Form 2. Of the surrounding land, the ownership of the Defendant and the ownership of the Plaintiff in the area of 313 square meters in Gwangju Mine-gu, Gwangju Metropolitan City, and the F 19 square meters in the area of 19 square meters in the area of H road is owned by the Plaintiff.

The Defendant is located on the ground of approximately 0.7 meters high on the instant land (hereinafter “the instant flower”). A part of it is located on the ground of (9) part on the ship, which connects each point of (10, 12, 13, 11, and 10 of the land owned by the Plaintiff, and connects each point of (10, 12, 13, 11, and 10 of the attached Form 1 drawings among the land owned by the Plaintiff.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1 through 3, 9, Eul evidence Nos. 1, 2, 3 and 5 (including each number; hereinafter the same shall apply) and images, the result of the on-site verification conducted by the court of first instance, the result of the on-site verification conducted by the court of first instance, the purport of the whole pleadings.

2. Part on the claim for removal and delivery of the parts on the ownership;

A. The Plaintiff, as the owner of the land owned by the Plaintiff, may file a claim for the exclusion of disturbance with the Defendant who occupies the part of the instant crime. Thus, the Defendant is obligated to remove the flower installed in the part of the instant crime and deliver the part of the instant crime to the Plaintiff.

B. The defendant asserted that the chemical of this case did not infringe the land owned by the plaintiff and cited the result of the survey requested by the Korea Land Information Corporation in the mine area, but according to the result of the order of submission of documents to the Korea Mining Information Corporation, it is above.