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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. The attached appraisal map No. 7, 8, 9.9 is marked on the attached sheet No. 86 square meters among the 86 square meters in Chungcheongnam-gun, Chungcheongnam-do.
Reasons
1. Facts of recognition;
A. (i) The Plaintiff is the owner of the land and buildings and the current status of possession thereof (i.e., the land in this case) and the D site 398 square meters (hereinafter “D land”). The Defendant is the owner of the land in this case (hereinafter “Defendant’s land”).
B. The south side of the Defendant’s land adjoins a F ditch 16,299 square meters (hereinafter “the ditch of this case”). The south side of the ditch of this case is the land of this case and the land of this case adjacent to D.
Article 22(1) of the Civil Act provides that “The Defendant shall own the land of the Defendant, the ditch of this case, and the house constructed on the land of this case” (hereinafter referred to as “Defendant’s house”).
Around April 17, 2000, the Defendant was imposed an indemnity of KRW 89,700 on the ground that the Defendant occupied 46 square meters (which is used as the site of the Defendant’s house) of the instant ditch, which is an agricultural infrastructure site, from Boan-gun.
At that time, the Defendant paid the above indemnity, and obtained the approval of use for agricultural infrastructure other than the purpose of agricultural infrastructure from Boan-gun. On May 1, 2013, the approval of use for the ditches of this case was renewed and its period was extended until December 31, 2015.
(v) The Plaintiff owns a house on the land in D, and on the boundary of the land in this case and D land, women in the store building owned by the Plaintiff on the ground in D, and women in the dry season, warehouse, and garage owned by the Defendant on the ground in this case are facing each other.
B. (i) The title change of each land and the developments leading up to the construction of a house (i) Chungcheongnam-do, Chungcheongnam-do, as part of the rural house improvement project around 1978, shall purchase one lot of land, including C, which was owned by the Defendant, such as 1,066 square meters (hereinafter “C before division”) before C, which was owned by the Defendant as part of the rural house improvement project (hereinafter “the land category was changed to the site around June 18, 1984”), G land (an annexation into H on March 5, 1980), H land (this land was divided by I and J on July 31, 1978, and this land was combined with 12 lots of land, including the above G land on March 5, 1980) and conducted the flatization work.