1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

1. Facts of recognition;

A. On September 9, 201, the Plaintiff completed the registration of ownership transfer with respect to C & 516 square meters (hereinafter “instant land”).

B. The Defendant owns housing and warehouse buildings (hereinafter “the instant building”) on the instant land and on the ground of 1,537 square meters in Chuncheon-si, Chuncheon-si. The part in which the instant building occupied the instant land is 38 square meters of the partial warehouse building (b) connected in sequence with each point of 9, 10, 11, 12, 13, 14, 8, and 9 in the attached Form No. 9, 15, 16, 17, 18, and 15 in the attached Form No. 15, and the attached Form No. 15, 16, 17, 18, and 15.

(hereinafter “the part of the building in dispute of this case”). 【The ground for recognition】 The fact that there is no dispute, each entry of Gap Nos. 1 through 3 (including numbers, if any), the result of the request for surveying appraisal by the court of first instance for surveying and appraisal by the court of first instance, the purport of whole pleadings.

2. We examine the principal lawsuit and the counterclaim together.

A. According to the above facts of determination as to the cause of the principal claim, unless there is a proof of legitimate title that the Defendant may occupy and use part of the land in the dispute of this case where the part of the building in this case is located, the Defendant is obligated to remove the part of the building in this case to the Plaintiff, the owner of the land in this case, and deliver the part of the land in this case where the part of the building in this case is located.

B. As to the Defendant’s assertion and the cause of counterclaim, around July 1988, the Defendant acquired the instant building from E and used it until now, the Defendant asserts to the effect that there was a legitimate title to occupy the instant land in 2008, and on the premise that the prescription period for acquisition by possession has expired in 2008, the Defendant is claiming the registration of ownership transfer based on the completion of prescription for the instant land as a counterclaim. (2) Article 245 of the Civil Act provides that the person who occupied the instant land in peace and openly and openly with the intention to own it for 20 years shall acquire the ownership by registering the ownership.