구축물철거및토지원상회복
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) the indication of the attached Form 8, 9, 9.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is the owner of the land owned by Yeongdeungpo-gu, Youngdong-gu, Kugdong-gu C (hereinafter “Defendant-owned land”), and the Plaintiff is the owner of the land owned by the Defendant of the land of 304 square meters adjacent to the land owned by the Defendant (hereinafter “Plaintiff-owned land”).
B. On December 26, 2002, the Plaintiff purchased the Plaintiff’s land and completed the registration of ownership transfer on February 21, 2003, and completed the registration of ownership transfer on that ground. After constructing the 131.7 square meters in the first floor, the first floor, and other offices of the 2nd class neighborhood living facilities, the second class neighborhood living facilities, the 2nd class neighborhood living facilities, the 2nd class neighborhood living facilities, and the 131.7 square meters on that ground, the Plaintiff completed the registration of ownership preservation on December 14
[Ground of Recognition] Uncontentious Facts, entry and video of Gap evidence Nos. 1, 2, and 3 (if there is a tentative number, including branch numbers; hereinafter the same shall apply)
2. Determination as to the claim on the principal lawsuit
A. On the land owned by the Defendant, the Plaintiff also demanded the Defendant to restore the cut part of the land owned by the Defendant, which was owned by the Defendant.
The plaintiff asserts that the part of the land owned by the defendant, where green steel mills were installed and the part cut by the defendant, was used as private roads for a long time from the past.
B. Even if a neighboring resident used part of the previous land owned by the Defendant for the same purpose as a road under the landowner’s implied consent, it cannot be deemed as a private road under the Private Road Act as claimed by the Plaintiff.
On the contrary, the Plaintiff has no right to make a claim as stated in the purport of the claim against the Defendant.
The plaintiff's main claim is without merit.
3. Judgment on a counterclaim
A. Determination 1 on the claim for removal and delivery is clear that the relevant part belongs to the land owned by the Defendant, which is determined on a ship (i) which connects 8,9,10, and 8 of the annexed drawings in sequence.