1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) presented Kim Jong-sik to the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 30, 1963, the registration of transfer of ownership was completed on the ground of the completion of repayment on December 30, 1961 with respect to the land of 4,955 square meters in Kim Jong-si (hereinafter “instant land”). On December 24, 1980, the registration of transfer of ownership was completed on December 18, 1980 on the ground of the Plaintiff’s father, his father, and on June 30, 1993, the registration of transfer of ownership was completed on the ground of inheritance on March 7, 1989.

B. Of the instant land, approximately KRW 338 square meters at the northwest side of the instant land, including the instant land was created from the Japanese colonial era from the Japanese colonial era, and the owners of neighboring land cultivated the boundary by dividing some of the dry field among the dry field.

On March 24, 1957, G site located in the vicinity of the instant land, and H site owner I purchased part of the part as stipulated in Paragraph 2 of the Disposition No. 2 of the instant land (hereinafter “the instant part”) from the owner of the instant land, which was the father of the Defendant, and thereafter purchased the remainder of the instant part from J and cultivated it.

C. The dry field was buried in the 1970s while implementing the Saemaeul Project, and occupied, used as a village board, city bus stop, K Seniors' site, dry field, etc. The networkF occupied and used the part of the instant land as a dry field by reclaiming and using it. On September 24, 1980, the registration of ownership transfer was completed in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership, Etc.

In addition, on the ground of the part of the instant land, the deceased F installed plastic houses on the ground of the instant land and occupied and used them as a tea site. On March 23, 1993, the deceased F donated them to the Defendant along with each of the above sites, and on March 24, 1993, the registration of ownership transfer was completed until the said donation was made.

Since then, the defendant is in this case.