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1. The defendant's appeal is dismissed.
2. The Defendant (Counterclaim Plaintiff) may claim the payment of the amount changed from the trial.
Reasons
1. Facts of recognition;
A. Land ownership relationship 1) Land listed in Annex 1 List 1 (hereinafter “D land”).
On May 12, 1983, the registration of transfer of ownership was completed under the name of the defendant on April 20, 1995, and the registration of transfer of ownership was completed under the name of E on January 10, 1995, and on October 5, 1996, the registration of transfer of ownership was completed under the name of F on March 4, 1996. On June 28, 1997, the registration of transfer of ownership was completed under the name of the plaintiff on May 9, 197 under the name of the plaintiff on May 28, 1997 (hereinafter referred to as "H land"). The registration of transfer of ownership was completed under the name of the plaintiff on July 22, 1983, the registration of transfer of ownership was completed under the name of F on July 198, 197.
3) The land listed in Annex 1 List 3 (hereinafter “J land”) is the land
As to May 12, 1983, the registration of ownership transfer was completed under the name of the defendant on February 29, 1996. The registration of ownership transfer was completed under the name of K on June 7, 1997, and the registration of ownership transfer was completed on May 9, 1997 under the name of the plaintiff on June 7, 1997. The land listed in the attached Table 1 is currently owned by the plaintiff, and each of the above land is adjacent to each other.
B. 1) The Defendant’s land possession status is as follows: (a) the portion on the ship which connects each point of the attached Table 23 through 42, and 23, among each land listed in the attached Table 1 list, and is 4,114 square meters (hereinafter “the land occupied in this case”).
2) The Defendant, in sequence, installs and owns a steel 358 square meters in the part of “B” in the ship, which connects each point of attached Forms 1 through 4, and 1 among the land occupied in the instant case, to the part of “A” in which the instant land was occupied, with the iron 1, 358 square meters, and 5 square meters in sequence, and with the same appraisal map 5 through 8, 358 square meters in steel 1, 358 square meters in the part of “B” (hereinafter “instant plastic house 2 square meters”).
3. Of the land occupied by the Defendant, the part on the ship, which connects each point of the attached Forms 9 through 18, and 9, with the indication of the attached Form 2 appraisal by the Defendant.