담장철거 및 토지인도
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) Incheon.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 21, 1994, the Plaintiff acquired ownership of the land of 983.8 square meters in Bupyeong-gu, Incheon (hereinafter “instant paragraph (1)”) and D large 19.7 square meters (hereinafter “instant paragraph (2)”). On December 29, 1999, the Plaintiff acquired ownership of the land of 827.1 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon (hereinafter “instant paragraph (3)”; and collectively, “the Plaintiff’s land”).
B. On June 21, 1983, the Defendant Foundation acquired the ownership of F 3,032 square meters (hereinafter “Defendant’s land”) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On June 21, 1983, the Defendant Foundation newly constructed and operated the “I Hospital” on the ground of H large 1,021 square meters owned by the Defendant and G (the current representative of the Defendant Foundation) on the 1,021 square meters above the H large 1,021 square meters above the Plaintiff’s land and G, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.
(The defendant foundation newly constructed neighborhood living facilities on the ground, including the defendant's land on June 4, 2001, May 8, 2012, and June 10, 2015).
The plaintiff's land and the defendant's land were originally included in the 5940 m20,500 m2 owned by J (hereinafter "land before division").
① On March 27, 1982, the land of this case was divided into the land before subdivision (the land of this case was included in the land of this case) and the land of this case was divided into the land before subdivision on November 25, 1982, and ③ on March 23, 192, the land of this case was divided into the land of this case.
④ Thereafter, on November 20, 1997, the instant paragraph (3) was divided into the land before subdivision, and each of the subdivisions took place on April 10, 2007 and April 19, 2016 and became the same shape and area as the present.
At present, there exists a fence installed by the Defendant Foundation between the Plaintiff and the Defendant’s land (hereinafter “instant fence”), and it is used as a site for the Defendant’s building, including the instant fence.