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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the 3184 square meters in dry water, indication 2, 3, 4, 6, 7, 7, of the annexed drawing among the 3184 square meters in dry water.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of CY 3184 square meters (hereinafter “C land”), and the Defendant is the owner of D/D 2316 square meters adjacent to the above land (hereinafter “E/F land before the land is arable”); and the Plaintiff is the owner of D/D 2316 square meters adjacent to the above land (hereinafter “former parcel number”).
B. The original F land was owned by G, and E was jointly owned by the Plaintiff and G. However, prior to around 1992, the Plaintiff entered into a land exchange contract with G to the effect that “The △△△ part of the land owned by the Plaintiff is included in G F land owned by G, and the H land owned by G is granted to the Plaintiff by exchanging it (hereinafter “instant exchange contract”).
C. The Plaintiff and G divide the I land from E on June 15, 1992, and after the division, E owned G and I land owned by the Plaintiff, and the Plaintiff completed registration of ownership preservation on H land on December 30, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 4502).
On the other hand, G sells E/F land to the Defendant on September 2, 1992, and completed the registration of ownership transfer on September 17, 1992. The Defendant, from G to the above E/F land, occupied and cultivated a portion of 32 square meters in the ship (c) size (c) in line with the aforementioned E/F land in sequence of the No. 4, 5, 6, and 4 in sequence from the date of the registration of ownership transfer to the date of delivery.
E. In addition, G is also possessing a part of 124 square meters on board (B) which connects each point of (c), 3, 4, 6, 7, 32, 31, 30, 29, 28, 27, 26, and 2, in addition to the part of (c) currently in C, in addition to the part of (b) in the attached Form No. 2, 3, 4, 6, 7, 32, 31,
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-2 through 4, 7, 8, Eul evidence Nos. 1-1-2 and 1-12 (including the number of evidence Nos. 1-2 and 12), the result of the measurement and appraisal entrusted to the branch offices of the Korea Land Information Corporation, the whole purport of the arguments.