손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Intervenor (Counterclaim Plaintiff) is the Plaintiff-Counterclaim Defendant.
1. Basic facts
A. On September 16, 2009, the Defendant owned KRW 8,738,00 prior to the division, which was divided into KRW 2,460, KRW 400 prior to E on September 16, 2009, KRW 4030,000 prior to F, KRW 530,000 prior to H, KRW 530,530 prior to J, KRW 530,00 prior to K, KRW 530,530,00 prior to L, KRW 530,000 prior to L, KRW 530,000, KRW 530,000 prior to M, KRW 530,000 prior to D, and KRW 892,00 prior to D on June 9, 2016, regardless of the land category before or after the change.
B. On December 10, 2009, after the division, the Defendant divided the said land into KRW 184 square meters E 184 square meters in Gangseo-gun, Seowon-gun and KRW 660 square meters in total on July 8, 2010, which was combined on July 8, 2010, and divided the said land into KRW 530 square meters in Jungwon-gun, Seowon-gun, Seowon-gun, and KRW 530 square meters in total, five hundred square meters in total, five hundred and thirty square meters in total, five hundred and thirty square meters in total, five hundred and thirty square meters in total, five hundred and thirty square meters in total,
(hereinafter the Plaintiff’s land and the Defendant’s land, other than the Plaintiff’s land, are indicated only by the lot number).
The location of the lands related to this case among the lands divided in accordance with the preceding two paragraphs shall be as shown in the annexed Form 2.
The Defendant sold the Plaintiff’s land, M, N,O, T, or X (hereinafter “instant housing site”) to the electric source housing site, while changing the land category of the Defendant’s land to a road to use it as a private road entering the said electric source housing site.
E. On July 7, 2012, the Defendant sold the Plaintiff’s land to Z, and completed the registration of ownership transfer on August 10, 2012. The Plaintiff purchased the Plaintiff’s land from Z on November 4, 2015, and completed the registration of ownership transfer on November 6, 2015.
F. According to the Defendant’s delegation, the Defendant’s succeeding intervenor established a concrete boundary stone of approximately 21.6m in length, approximately 20cm in width, and approximately 37cm in height (hereinafter “instant boundary stone”) on the line (hereinafter “the instant boundary line”) of the instant land from among the Defendant’s land, and delivered the instant boundary stone to the Defendant. At that time, the Defendant owned and occupied the instant boundary stone.
G. 1 The Plaintiff.