The appeal by the plaintiff (Counterclaim defendant) is dismissed.

Before remanding, the Defendant (Counterclaim Plaintiff) brought in this Court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 9, 1937, D, the Plaintiff’s assistance division, completed the registration of preservation of ownership, and thereafter, on December 15, 1993, D, the Plaintiff’s assistance division, owned the ownership before the transfer of ownership due to the purchase and sale on March 20, 1983 in the name of E, the Plaintiff’s assistance division, and on July 19, 2007, the ownership was transferred to the Plaintiff’s assistance division on July 19, 2005.

B. On June 9, 1937, D owned the ownership preservation registration under its name as the land immediately adjacent to the Plaintiff’s land, which was later owned on May 9, 1960 under the name of G on August 31, 1981, the ownership transfer period, etc. was formed on December 15, 1993 under the name of H, a child of G, the ownership of which was made on March 20, 1983, was successively transferred on September 28, 2005, and the ownership was transferred on September 28, 2005 under the name of the Defendant, the ownership was transferred on September 21, 2005.

(c)

G, from around 1970 to around 1970, after purchasing the Defendant’s land, resided in a house on the Defendant’s land (hereinafter “Defendant’s housing”) along with his/her family members, including H, who were his/her children, and connected each point of the Plaintiff’s land with the indication 1, 2, 3, 4, 5, and 1 of the attached drawings among the Plaintiff’s land, and used the part “B” (hereinafter “instant land dispute”) as a passage connected to the end part of the said house as a route connected to the Plaintiff’s land.

(d)

H, on March 20, 1983, transferred the ownership of the Defendant’s land and its ground house from his father G, and continued to occupy the instant dispute land from around that time, and completed the registration of the transfer of ownership on the Defendant’s land on December 15, 1993.

Since September 21, 2005, the Defendant purchased the Defendant’s land and housing from H on September 28, 2005, and completed the registration of the transfer of ownership on the Defendant’s land on September 28, 2005, and from around that time, until the closing date of the pleadings in this case.