1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 5, 6, 9, 00 square meters to the Plaintiff (Counterclaim Defendant) among the area of 88 square meters in Nam-gu, Nam-gu, Gwangju.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 2, 1985, the Defendant purchased the share of 46/61 of the instant land and the second floor building on the instant land (hereinafter “instant building”) from D, and completed the registration of ownership transfer as to the instant building on September 7, 1985. The Defendant completed the registration of ownership transfer as to the above share of the instant land on December 22, 2003.

B. The Plaintiff inherited shares 15/61 of the instant land from E on August 15, 1976, and completed the registration of ownership transfer on the ground of such inheritance.

C. The instant land was 202 square meters prior to the division, but on February 8, 1980, the area was divided into 114 square meters from the instant land, Nam-gu, Gwangju (hereinafter “the instant road”), and on March 24, 199, the change of the land category of the said subdivision and the road was registered.

On July 27, 2012, the Plaintiff filed a lawsuit against the Defendant seeking partition of co-owned property as to the instant land as the Gwangju District Court 2012Kadan42623, and on June 11, 2013, the said court rendered a judgment on the following: “The part (A) size of the instant land is owned by the Defendant, and the part (b) and (c) size is divided into the Plaintiff’s ownership on the same map, and the part (A) size is 22 square meters.” The said judgment became final and conclusive on August 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. We examine the determination as to the cause of the claim. The instant land is owned by the Defendant with respect to the part of (A) on the instant building, and the part of (b) and (c) 22 square meters, which are divided into the Plaintiff and confirmed on August 25, 2014. As seen earlier, the Defendant used the part of (b) on the instant building and the part of (b) on the instant building, the stairs, and the purification work in accordance with the overall purport of the video and pleadings in the evidence No. 4.