담장 철거 등 청구
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is Seoul.
1. The grounds for this part of the reasoning are as stated in paragraphs (1) and (2) of the reasoning of the judgment of the court of first instance, and therefore, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. According to the facts of determination as to the cause of the principal lawsuit, since the defendant possesses the wall of this case among the land of this case owned by the plaintiffs, the defendant is obligated to remove the wall of this case and deliver the occupied part of this case to the plaintiffs, barring special circumstances.
3. Judgment on the cause of the counterclaim and the defense against the principal lawsuit
A. The reasons why the court stated this part of the statute of limitations for the defendant's possession and acquisition are set forth in the judgment of the court of first instance.
The main text of Article 420 of the Civil Procedure Act is the same as the entry in the part of paragraph (5) (from the last 5th to the third 8th am of the judgment of the first instance).
B. If the possessor has completed the registration of transfer of ownership by a third party after the completion of the acquisition by prescription against the plaintiffs, the possessor may not assert the acquisition by prescription against the third party. However, in cases where the registration in the above third party’s name is null and void, the possessor shall, in subrogation of the owner at the time of the completion of the acquisition by prescription, seek the cancellation of the registration of invalidation of the cause completed in the future of the above third party, and also seek the registration of transfer of ownership for the completion of the acquisition by prescription against the above owner (see Supreme Court Decisions 2001Da77352, 77369, March 15, 2002; 93Da12268, Sept. 14, 1993). Since it cannot be known that the real estate owner, who is the registered titleholder, claims the acquisition by prescription after the completion of the acquisition by prescription of real estate, or before filing a claim for the registration of transfer of ownership by prescription, the possessor has disposed of it to the third party.
(b)if any;