1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The attached appraisal map No. 1, 2, 3. of G river 390 square meters in Yangju-si.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts without dispute;

A. The Plaintiffs are co-owners of G river 390 square meters (hereinafter “instant land”) in Yangju-si (2/8, Plaintiff D, and E’s shares, respectively, 1/8).

나. 피고는 이 사건 토지에 인접한 H 전 1,143㎡의 소유자로서, 이 사건 토지 위에 별지 감정도 표시 1, 2, 3, 1의 점을 차례로 연결한 선내 ㈀부분 1㎡ 지상에 정화조, 4, 5, 6, 7, 8, 4의 점을 차례로 연결한 선내 ㈁부분 41㎡ 지상에 슬레트지붕 철파이프조 창고, 9, 10, 11, 12, 9의 점을 차례로 연결한 선내 ㈂부분 14㎡ 지상에 비닐하우스, 13, 14, 15, 16, 13의 점을 차례로 연결한 선내 ㈃부분 44㎡ 지상에 슬레트지붕 철파이프조 창고를 소유하면서 이 사건 토지를 점유하고 있다.

2. Assertion and determination

A. According to the above facts, unless there is proof of possessory right holder, the defendant illegally occupied the relevant site by owning each of the above structures on the land in this case owned by the plaintiffs, so upon the request of the principal lawsuit, the above structures are removed and the relevant site is obligated to be transferred to the plaintiffs.

B. Since July 3, 1979, the defendant, who occupied the land of this case in peace and openly with the intent to own the land of this case and acquired ownership by the completion of the prescription period for the acquisition of possession of the land of this case on July 4, 1999, the defendant asserts that since then after July 3, 1979, the defendant has the right to possess the land of this case, and that upon the counterclaim claim, the defendant sought the implementation of the procedure for the registration for the transfer of ownership

In full view of the aforementioned facts, Eul evidence Nos. 1 through 25, and the purport of the entire pleadings in the testimony of a witness I, the defendant's land adjacent to the instant land registered under the defendant's father's name was divided into the size of 520 square meters for K and 1,143 square meters for H on July 3, 1979, and the land adjacent to the instant land was divided into the size of 1,143 square meters for K on the same day, while the land of H is for each sale on August 8, 1979.