1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 15, 16, 17, 18, 19, 19, among the area of 42 square meters in Youngcheon-si Co., Ltd. 422 square meters.

1. Facts of recognition;

A. On April 5, 2012, the Plaintiff acquired 422/5037 shares of the D’s land in Yongcheon-si, and thereafter acquired C’s 422m2 (hereinafter “Plaintiff’s land”) on October 20, 2015 due to the division of co-owned property.

B. On January 4, 1986, E acquired a site F in Yongcheon-si, adjacent to the Plaintiff’s land, and thereafter, G land was combined with this land, thereby making the FJ 429 square meters.

The Defendant purchased the above land from E on August 3, 2016.

(hereinafter “Defendant’s land”). C.

The defendant occupies 10 square meters and 15, 2, 3, 4, 5, 6, 7, 8, 18, 16, 17, 18, 19, 20, 21, and 15,2, 3, 4, 6, 7, 8, 18, 17, 16, and 15 of the attached drawings among the plaintiff's land, which successively connects each point of the 1, 15, 16, 17, 16, 15 of the attached drawings.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5, the result of the survey and appraisal conducted by appraiser H, the purport of the whole pleadings

2. Determination:

A. According to the facts of recognition of the principal suit, the Defendant is obligated to deliver the part of the Plaintiff’s land, which is the part of the intrusion, to the third party, and remove the 3rd party’s structures on the ground of the 3rd party.

B. As to the counterclaim, the Defendant asserted that the former owner E occupied the part of the Plaintiff’s land as a reed field, etc. for at least 20 years from December 28, 1985, which he purchased the Defendant’s land, and that the acquisition by prescription on December 18, 2005 was completed, and also sought implementation of the ownership transfer registration on the ground of the completion of the prescription period.

However, even if the acquisition period of the ownership of real estate has expired due to possession, if the owner of the real estate first registers the ownership transfer under the name of a third party, and the third party is not registered under his/her own name, the possessor cannot assert the acquisition by prescription against the third party, barring any special circumstance (see, e.g., Supreme Court Decision 93Da22883, Sept. 28, 1993); and the defendant shall be liable for the acquisition by prescription