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1. The Defendant (Counterclaim Plaintiff) is one of the area of 6,321 square meters before the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant).
A. Attached 1 Map 20, 20.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 27, 2012, the registration of transfer of ownership in the Defendant’s name was completed on the grounds of sale by voluntary auction on September 17, 2012, as to the Plaintiff’s share of KRW 1/2 of KRW 717,000 and KRW 614,000,000,000 for each of the instant building site (hereinafter “instant building site”) and the E-ground reinforced concrete structure, plastic slab roof culture, and assembly and assembly facilities (hereinafter “instant building”).
B. The instant land owned by the Plaintiff, which is located adjacent to 614 square meters in the 614 square meters in Pyeongtaek-gun, Gangwon-gun, the Defendant owned by the Defendant, has a stable, warehouse, and septic tank, which is owned by the Defendant. Of the instant land, there is a scale of 11 square meters in each column of the attached drawings 20, 21, 22, 32, and 20 among the instant land, connected each point of which is indicated in the attached drawings 20, 21, 22, 32, and 20, a scale of 11 square meters in each column of the land on the ground, and 28, 29, 30, 31, and 28 of the same drawings, which are connected to each point on the ground, in sequence of the portion on which the warehouse 16 square meters and 24, 26, 27, and 24 square meters in each column of the attached drawings, among each section of the instant land.
C. The Defendant, while using each of the above storage units, storage units, and septic tanks, occupies a part of 75 square meters in the ship connecting each of the points of the attached drawings No. 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 32, and 20 among the land of this case, in turn.
[Ground of recognition] Unsatisfy, Gap's statements or images of Gap's evidence 1 to 6, the result of on-site inspection by this court, the result of appraiser G's survey and appraisal, the purport of the whole
2. According to the above facts of recognition as to the claim of the principal lawsuit, the Defendant, as the owner of the land of this case, is obligated to remove each stable, warehouse, and septic tank located in the occupied part of this case, and deliver the occupied part of this case to the Plaintiff, except in extenuating circumstances.
3. Determination on the defendant's acquisition by prescription, completion defense, and counterclaim
A. Summary of the Defendant’s assertion