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1. The Defendant (Counterclaim Plaintiff) is not less than 159§³ for the Plaintiff (Counterclaim Defendant) with the amount of Gangseo Yangyang-gun C
(a)the attached Form 3, 4, 5, 5.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is the owner of 159 square meters (hereinafter “instant land”) in Gyeyang-gun, Seoyangyang-gun, and the Defendant is the owner of D-238 square meters adjacent to the said land (hereinafter “D land”).
B. The Defendant, among the instant land owned by the Plaintiff, installed a fence of 0.02 square meters on the ground level, which connects each point of 0.7 square meters of toilets and 11, 10, 16, 23, and 11 on the ground level, which connects each point of 0.45 square meters of walls and 18, 20,000 square meters of walls on the ground level, which connects each point of 0.45 square meters of walls and 18, 20,000 square meters of walls on the ground level, on the ground level of “VVV” part, which connects each point of 12,11,00,000 square meters of walls, and each point of 0.53 square meters of walls, which connects each point of 12,00,000,000 square meters of each of the aforementioned land and the same map.
C. Meanwhile, the Plaintiff, among the instant land owned by the Defendant, installed a warehouse of 0.6 square meters on the ground of the “cream section” portion connected with each point of the attached Form 6, 5, 15, 12, 13, 14, and 6 among the instant land owned by the Defendant. The Plaintiff occupies 0.16 square meters on the ground of the “77 square meters” portion connected with each point of the aforementioned land and the same drawings.
[Ground for recognition] A without dispute, Gap evidence 1 (including branch numbers), Eul evidence 1, each of the images of Gap evidence 2, each of the appraisal results of appraiser E [including cadastral survey results (including cadastral survey records) of October 30, 2015], the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, barring any special circumstance, the defendant removes the part of "fence on the ground," which connects each point of "2.7 square meters on the ground" and "2.02 square meters on the ground, which connects each point of "2.7 square meters on the ground" and "2.10, 10, 16, 23, and 11 of the aforementioned drawings, among the land in this case, to the plaintiff, with each point of "2.7 square meters on the ground" and "2.02 square meters on the ground, which connects each point of "5 square meters on the ground" and "5 square meters on the ground, 18, 19, 20, and 18 of the same drawings, and removes each part of "60 square meters on the ground," which connects each point of the above land and the same drawings.