수로복원
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the land size of 1123 square meters in Kimcheon-si, the annexed map 17, 18, 19, 26, out of the annexed map 17, 123 square meters.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts do not conflict between the parties, or each of the following facts can be acknowledged in full view of Gap evidence 1-2, Gap evidence 1-2, Gap evidence 3-4, Eul evidence 2-2, Eul evidence 2, Eul 3-3, Eul 6, 7, and 8, and the whole purport of the arguments as a result of each request for surveying and appraisal against the President of the Korea Land Information Corporation Kimcheon branch of the National Land Information Corporation in this Court.
The registration of ownership transfer was completed on December 8, 1984 with respect to the portion of 77/1177 out of 3525 square meters in Kimcheon-si, Kimcheon-si (hereinafter referred to as "D land before division"), before subdivision, on the ground of sale as of March 15, 1972. As to the portion of E (29/117/17) among the above land, the registration of ownership transfer was completed on March 26, 1987 under the name of the defendant on the ground of sale as of March 25, 1987. As to the portion of F (371/17/17/17) among the above land, the registration of transfer was completed on December 6, 1986 under the name of the defendant on the ground of inheritance by an agreement division as of December 6, 196, and the registration was completed on December 29, 190.
B. On March 23, 2018, the Defendant filed a lawsuit against the Plaintiff on the claim for ownership transfer registration against the Daegu District Court Kimcheon-ro 2017Gadan3148, which read, “The Defendant and the Plaintiff shall divide the D land before the division according to the status of their possession, and the Defendant and the Plaintiff shall not use the D land together with the Plaintiff and shall not interfere with their mutual use, such as the current status of the D land before division,” and conciliation was concluded on March 23, 2018.
(hereinafter referred to as "mediation case"). (c)
Since then, D land before subdivision was divided into 229 square meters in Kimcheon-si D (hereinafter “instant land”), G 1163 square meters in size, and H 13 square meters in size. As to the instant land and H land, the registration of ownership transfer was completed in the name of the Plaintiff, and the registration of ownership transfer was completed in the name of the Defendant for G land.
Meanwhile, “I land prior to subdivision” is not more than 1504m2, which was adjacent to D land prior to subdivision, Kimcheon-si, 1504m2.