1. The portion of the claim shall be dismissed among the counterclaims in this case.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 10, 1977, the Plaintiff acquired the ownership of the land of Gangnam-gu Seoul Metropolitan Government 190.4 square meters (hereinafter “Plaintiff’s land”), and newly constructed on the said ground, a building of 12.46 square meters and 112.24 square meters and 24 square meters and 192.24 square meters and 192.24 square meters and 24 square meters (hereinafter “Plaintiff’s building”).

B. On February 7, 1995, the Defendant acquired ownership of D. D.9 square meters adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”) and the housing of 48.3 square meters and 43.14 square meters and 7.21 square meters and 7.21 square meters and 7.21 square meters of land (hereinafter “Defendant’s building”).

C. At present, among the Plaintiff’s land, the attached appraisal section 2.3 square meters and the same appraisal section 8, 11, 14, 13, and 8 of the attached Table 6, 7, 8, 13, and 6 are connected in order to each point of 8, 12, 14, 13, and 8 of the attached Table 11, 2, 3.2 square meters and the same appraisal section are installed on the ground of the part of the ship connecting each point of 1, 12, 3, 14, and 11, and 2.2 square meters (hereinafter “the attached Table 1”) are installed on the ground. The part of the wall of the part of the part of the 3.2 square meters (hereinafter “the second land”) connected each point of 8, 11, 14, 13, and 8 of the attached Table 1.

The defendant building was approved on March 30, 1978.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, 2-1, Eul evidence 1-2, Eul evidence 1-1, 2-2-1, and 2-2, the result of the survey and appraisal conducted by appraiser E, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, without any title, installed a fence on the ground of the land No. 1 owned by the Plaintiff and occupied, occupied, and used without permission, a septic tank installed in the underground part of 3.7 square meters caused by the damage on the ship (hereinafter “third land”) which connects each point of 8, 9, 10, 11, and 8 of the attached appraisal level to the land No. 1 owned by the Plaintiff. Therefore, the Defendant removed the aforementioned fence and septic tank and deliver the land No. 1 and 3.