1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is respectively indicated in Appendix C No. 16, 1, 15, 14, and 16, respectively, when known to the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) acquired ownership on August 2, 2010 with respect to 1/2 shares among the Plaintiff’s land in Ansan-si (hereinafter “instant land”). On December 30, 2013, the Plaintiff acquired ownership on the remainder of 1/2 shares, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the owner of the Plaintiff’s land (hereinafter “Defendant’s land”).

B. On December 23, 1985, the Defendant’s husband E newly constructed a house on the Defendant’s land (hereinafter “instant house”) on the instant land. The instant house was built in line with the part on the ship, which connects the Plaintiff’s land to each point of 16, 1, 15, 14, and 16, indicated in the Appendix No. 1, 16, 16, indicated in the Map No. 1, 13, 18, 17, 19, and 18, in turn, the part on the remedy for damages on the ship, which connects each point of 13 square meters in size and 18, 17, 19, and 18, in turn

C. Meanwhile, the Plaintiff filled on the ground of the Defendant’s land, which was connected in sequence 8, 3, 4, 5, and 8 with the indication of the annexed drawing Nos. 2, 8, 4, 5, and 8 (hereinafter “Attachment Nos. 2 (b) and (c) of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-1, each entry in Eul evidence 2-1, the result of the commission of surveying and appraisal to each branch office of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of the claim, the Defendant, the owner of the Plaintiff’s land of this case, has the duty to remove the instant attached Form 1 (b) and deliver the land to the Plaintiff, the owner of the Plaintiff’s land, except in extenuating circumstances.

B. The judgment of the defendant as to the defense of the acquisition by prescription of one possession on the defendant's assertion, etc., the defendant newly constructed the house of this case on December 23, 1985 by E, the decedent, and commenced possession of the house of this case on December 23, 1985. The possession on the part of the Dispute Mediation Committee was also commenced together. The defendant's inheritance.