1. 피고 C은 원고(반소피고)에게 서귀포시 D 대 449㎡ 중 별지 도면 표시 ㅍ, ㅌ, ㅋ ㅊ, ㅅ1~ㅊ1,...

1. Basic facts

A. The network E (hereinafter “the network”) owned D 49 square meters (hereinafter “the instant land”), F 13 square meters, G 685 square meters, G 92 square meters prior to H, I large scale 403 square meters, G land and buildings on the above G land and buildings on the above I land (hereinafter “each of the instant land and buildings”), respectively.

The deceased E had the Plaintiff, K, and L’s children between J, but around 1999, the Plaintiff and K bequeathed each of the instant real estate (hereinafter “instant legacy”). On August 11, 2005, the Plaintiff and K completed the registration of ownership transfer on the ground of legacy on June 29, 2005.

B. Defendant B completed the registration of ownership transfer on November 11, 1980 with respect to the Ma-Ma, Seopo-si, Seopo-si, Ma-si, 453 square meters (hereinafter “M before division”) and the 10 square meters with respect to the block structure of the block structure of the Yle-gu, Seopo-si, 25 square meters on the ground (hereinafter “instant building”). The land before division was divided into Seopo-si, Seopo-si, Seopo-si, Ma-si, 269 square meters (hereinafter “M”) on April 6, 1998. The land before division was divided into the Ma-si, Seopo-si, Seopo-si, Ma-si, 14 square meters, and O large 170 square meters.

The instant building, among the instant land, intrudes on the part (B) and 45 square meters in the ship (hereinafter “the instant land”), which connects each point of the divists, 1, 21, 6, 5, and 45 square meters in sequence among the instant land.

C. Defendant C is the owner of Plupo City 221 square meters (hereinafter “P land”) in Seopopopo City adjacent to the instant land.

P 토지 지상에 설치된 담장과 식재된 수목은 이 사건 토지 중 별지 도면 표시 ㅍ, ㅌ, ㅋ ㅊ, ㅅ1~ㅊ1, ㅎ, ㅍ의 각 점을 순차로 연결한 선내 (라) 부분 19㎡(이하 ‘이 사건 제2 계쟁 토지’라고 한다)를 침범하고 있다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8, 9, 10, and Eul evidence No. 1 (including each number);