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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. An indication 15 to 15 square meters of the annexed drawing among the 1,016 square meters of the forest land in Ansan-si.
Reasons
1. Basic facts
A. On September 1, 1984, the Plaintiff acquired ownership as to the pertinent land (hereinafter “the Plaintiff’s land”), which was completed on March 31, 1995 with No. 10303, such as the Daegu District Court’s Ansan-dong Branch, etc., for the reason of sale and purchase on September 1, 1984.
B. The Plaintiff’s land was part of FJ 2,020 square meters (hereinafter “instant F land”). As to the instant F land, six persons, including the Plaintiff and the Defendant filed an application for land division on December 27, 1994, including the Plaintiff and the Defendant, on March 31, 2015, the instant land was divided into the instant F land and registered in the Plaintiff’s name as above.
C. On June 22, 201, the Defendant inherited on July 15, 1994 the Plaintiff’s land D (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land, which was adjacent to the Plaintiff’s land.
Of the Defendant’s land, the part of “b” 101 square meters in part (hereinafter “the instant dispute”) is owned by the Plaintiff, which connects each point of the attached drawings 1, 15, 16, 17, 18, 2, and 1 among the land in the instant case.
The Plaintiff, on the land in the dispute of this case, constructed and used a warehouse of 16 square meters in part of “A” (hereinafter “the warehouse of this case”) on the ship which connects each point of 15 through 18, and 15 on the attached drawing on the land in this case.
E. From November 1, 2005 to January 20, 2016, the sum of rent of KRW 2,552,00, and rent thereafter shall be assessed as KRW 43,682 per month [10 square meters x 432.5 won (173,00 x 00 x 0.03 x 1/122)].
[Ground of recognition] The absence of dispute; Gap evidence Nos. 1, 10, and 11 (including branch numbers, if any); the result of each survey and appraisal by the appraiser in the Dong branch of the Korea Land and Land Information Corporation; the result of appraiser H’s appraisal of rent; the result of fact inquiry into the Ansan market (the response of January 27, 2016); the purport of the whole pleadings
2. Determination as to the principal claim.