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1. All of the counterclaims against the Defendant (Counterclaim Plaintiff) against the Defendant B and C shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.
Reasons
1. The facts subsequent to the facts of recognition are as follows: Gap evidence 2, 4, 6, 8, 12, 13, 15, and Eul evidence 1 to 3 (including a serial number), video, and the purport of the entire pleadings as a result of the request for the measurement and appraisal as to the remaining Vice-Governor of the Korea Land Information Corporation.
On August 21, 2015, the Plaintiff purchased from the counterclaim Defendant C, the spouse of which, and completed the registration of ownership transfer on November 16, 2015, 1/2 of each of the shares on the purchase of the Heung-gu E-25 square meters (hereinafter “instant land”).
B. On July 4, 1990, the Defendant completed the registration of ownership transfer with respect to the Flux of 132 square meters in Busan Seo-gu, Busan, and the 13.83 square meters in a single-story house (hereinafter “Defendant’s land and building”) adjacent to the instant land.
C. However, on the line that connects each point of the separate sheet Nos. 6, 5, 15, 14, 13, 12, and 11 among the instant land, a block structure wall owned by the Defendant (hereinafter “instant wall”) is installed. On the ground of the same map Nos. 7, 8, 9, 10, 15, and 7, a block structure building owned by the Defendant (hereinafter “instant building”) is constructed on the ground of the same map Nos. 7, 8, 9, 7, 8, 9, 10, 3, 11, 12, 13, 14, 15, and 5, the part B, which connects each point of the instant wall No. 5, 6, 7, 8, 9, 10, 3, 11, 15, is occupied by the Defendant.
2. The defendant's counterclaim defendant B and C's judgment on the legitimacy of the counterclaim is examined as to the legitimacy of the counterclaim, and the counterclaim is essentially a party to the main lawsuit, and a counterclaim is not permitted to be made to a third party who is not a party to the main lawsuit (see, e.g., Supreme Court Decision 2005Da56322, 205Da5639, Jun. 2, 2006). Since it is obvious in the record that the counterclaim defendant B and C are not a party to the main lawsuit, it is obvious that the counterclaim defendant B and C are not a party to the main lawsuit.