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

A. Attached appraisal of the instant land is indicated 8,9,10,11,12,13.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Defendant is the current owner who acquired the instant land and its ground house through sale on June 10, 2010 and completed the registration of ownership transfer.

B. On December 3, 2012, the Plaintiff acquired a site D (hereinafter “Plaintiff-owned land”) and a building on the ground adjacent to the instant land due to sale, and removed the ground building after completing the registration of ownership transfer on December 3, 2012, and completed registration of ownership transfer on April 5, 2013.

C. The land owned by the Plaintiff was originally owned by E, and E was built on July 10, 1970 and completed registration of preservation of ownership on October 12, 1979.

Plaintiff

Since May 25, 2006, land and buildings owned were transferred to the Plaintiff on the grounds of donation to F, G, H, and I.

The land of this case was originally acquired by J on March 11, 1974, and J newly constructed a house on the ground on June 18, 1976 and completed registration of preservation of ownership on December 5, 1978.

Since then, the instant land and the instant building were transferred to K due to inheritance on April 14, 2002, to L (former name: M) on October 2, 2008 due to sale and purchase on October 2, 2008, and were transferred to the Defendant.

E. On the line that connects each point of the separate sheet No. 8,9,10,11,12,13 among the land of this case, a retaining wall of the Plaintiff’s childcare center is installed in the line that connects each point of the cement block and brick fence of the Plaintiff’s childcare center, and the above appraisal map No. 13,14 each point of the cement and steel fence of the Plaintiff’s childcare center, the above appraisal map No. 8,910,16,15, and8 each point of the cement and steel fence of the Plaintiff’s childcare center and the above appraisal map No. 10,11,12,16,10 each part of the (C) of the land of this case.

[Based on recognition] Each entry of Gap evidence Nos. 1 through 16 (including paper numbers), the result of appraiser N's survey and appraisal, the result of this court's verification, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff.