1. 원고(반소피고)는피고(반소원고)에게 여수시 C 주유소용지 200㎡ 중 별지 도면 표시 ㄹ²,...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 25, 198, the Plaintiff completed the registration of ownership transfer with respect to C’s gas station site 200 square meters (hereinafter “C’s land”) on the ground of sale on August 24, 1988. On September 11, 1989, the Plaintiff completed the registration of ownership transfer with respect to D’s gas station site 159 square meters (hereinafter “D’s land”) on the ground of sale on August 16, 1989. Around that time, the Plaintiff actually owned F’s land for factory (hereinafter “F land before the instant subdivision”).

B. In around September 200, the Plaintiff, a limited liability company, had the Defendant install the Defendant’s oil storage facilities on the land prior to the subdivision of this case, while serving as the representative director, around September 200.

In addition, around October 200, for the purpose of protecting the above oil storage facilities corresponding to the hazardous materials storage facilities, fire walls such as the indication of the attached drawings (hereinafter “instant fire wall”) were installed over the land before subdivision of this case and the land C and D.

C. After that, around January 2001, the Plaintiff entered into a contract for transfer and acquisition of shares and management rights with G and the Defendant (hereinafter “instant transfer and acquisition contract”) and resigned from the Defendant’s office on January 10, 2001, and on the same day G was appointed as the representative director.

The Plaintiff completed the registration of ownership transfer on May 4, 2001 with respect to F land after the split-off, on which the part of the instant land on which the Defendant’s oil storage facilities were installed, is F-162 square meters for factory land (hereinafter “F land after the split-off”), the remainder of the land E is divided into 507 square meters for factory land (hereinafter “E land”) and H land.

E. After that, for about 18 years, the defendant has been using the part of the land inside the fire wall of this case (the part where oil storage facilities are installed) for business purposes, and the plaintiff has used the part of the land outside the fire wall of this case as parking lot, etc.