1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the annexed map No. 1 among the land size of 664 square meters in Changwon-si, Changwon-si.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of 664 square meters in Yongsan-si, Changwon-si, Changwon-si (hereinafter “1 land”), and the Defendant is the owner of D large 106 square meters in adjoining land (hereinafter “2 land”).

(b) Land cadastre of the first and second land and history of change of ownership on the register shall be as follows:

(1) On August 20, 1912, E on August 13, 1926, the F ownership transfer on November 10, 1979, G ownership transfer on September 13, 2007, and on August 20, 1912, E on August 13, 1926, the F ownership transfer registration on August 18, 1991 to the heir of I (FF's heir) on December 18, 1991, on December 26, 1995.

C. The Defendant owns two unregistered buildings on the ground of the second land. Among them, part of one building (hereinafter “instant building”) is constructed on the ground of the part of paragraph (1) of the Disposition No. 1 among the land No. 1 (a) and 30 square meters (hereinafter “the part of the instant building”) over the boundary between the land No. 1 and the land No. 2.

On the other hand, in the building ledger, K built a wooden house of 30.08 square meters on the ground of the second land in 1969 and a soil fence of 17.52 square meters on the land.

【Ground of recognition】 The fact that there is no dispute, Gap 1-3 evidence, Eul 1, 2, and 4 evidence (including paper numbers), the result of the on-site verification by this court, the result of the appraiser L’s survey and appraisal, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is obligated to remove the instant building parts on the ground of the instant dispute and deliver the said dispute parts to the Plaintiff, who is the owner of the land, as the Defendant occupied the instant dispute part while owning the instant building and infringed the Plaintiff’s ownership.

B. Whether the defendant's possession by prescription has been acquired (1) The J, the former owner of the defendant's assertion, is the dispute in this case.