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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,493,272 to the Plaintiff (Counterclaim Defendant), and the amount from January 27, 2015 to December 13, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. Before the division, the C Forest Land was jointly owned by 19,084 square meters, D orchard 5,794 square meters, E-source 8,076 square meters (hereinafter “land before division”). On April 13, 2004, each co-owner was divided into C Forest Land 1,269 square meters and 12 lots for the division of co-ownership on April 14, 2004, and each co-owner completed the registration of ownership transfer on the land divided into each co-owner on the grounds of the division of co-ownership on April 14, 2004.
B. Co-owners did not have access to the portion of the divided land due to the division of the co-owned property. On October 25, 2004, the change of land form and quality for the establishment of farm roads was jointly permitted, and thereafter, the farmland was established between C and eight parcels in Southyang-si, Namyang-si.
C. On June 20, 2005, the Plaintiff completed the registration of ownership transfer on the real estate listed in Paragraph 2 of the Attached List No. 2 (hereinafter “instant land”) owned by G due to sale on May 14, 2005, and completed the registration of ownership transfer on the real estate listed in Paragraph 1 of the Attached List No. 1 (hereinafter “instant land”) owned by G on September 28, 2005, due to sale on August 20, 2005.
In addition, on October 23, 2007, the Defendant completed the registration of ownership transfer on the ground of sale due to voluntary auction on September 14, 2007 with respect to H 473 square meters (hereinafter “Defendant-owned land”).
The land owned by the Defendant is the blind land, and the land owned by the Defendant is the only passage to go to the public (private road) by the Defendant from the land owned by the Defendant to the public (private road).
(See the current status of the attached fence). (e)
From September 14, 2007, the defendant cultivated vegetables, etc. on the land owned by the defendant.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 4, 5, 7, 8 (including branch numbers; hereinafter the same shall apply), images, and the purport of the whole pleadings
2. The parties' assertion
A. As to the Defendant’s summary of the Plaintiff’s assertion, regarding the land Nos. 1 and 2 of this case.