1. The Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 5,8,7, 7, on the part of the Busan Jin-gu C major of 132 square meters to the Defendant (Counterclaim Plaintiff).

Facts of recognition

On June 29, 1974, the Plaintiff’s father-ver D purchased a large of 132 square meters (hereinafter “instant land”) in Busan-gu Busan-gu, Busan-do, and newly constructed a second-story housing building on or around October 1974, and completed registration of the ownership on April 10, 1981.

On the other hand, on September 22, 1995, the Plaintiff completed each registration of ownership transfer on the land of this case and its ground buildings due to inheritance by a consultation division as of June 12, 1995.

The adjoining land of this case was owned by Nonparty F at the time of the construction of the building. F built a building on the adjoining land of this case on February 25, 1978 and installed a fence (hereinafter “the wall of this case”).

The fence of this case was installed on the ground that connects each point of the attached Table 1, 6, and 7 among the land of this case, and accordingly, the aforementioned F occupied five square meters in the ship which connects each point of the above appraisal No. 5, 6, 7, 8, and 5 in sequence among the land of this case, which was owned by the network D. (hereinafter “the part of the instant flood”).

Around December 28, 1978, the Defendant purchased the adjoining land and its ground buildings of this case from F and completed the registration of ownership transfer concerning the adjoining land of this case on December 29, 1978. Around the end of 1993, the Defendant removed the existing building on the adjoining land of this case and newly constructed the second floor house, and completed the registration of ownership preservation on January 24, 1994 with respect to the newly constructed building.

[Reasons] A. A. 1-2, 2-2, 3-1, 2-4, 1-2, 2-1, 2-2, and 3-4, 2-1, 2-3, 4-1, 2, and 5-1, 2-5, 4-2, and 4-5, the result of the survey and appraisal by the Korea Appraisal and Land Information Corporation, the purport of the entire pleadings and the grounds for the counterclaim, and the part of the main claim in this case, which are the plaintiff's ownership, occupy the affected part of this case, which are the plaintiff's ownership.