1. The appeal by the counterclaim defendant is dismissed.

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1..

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 7, and 8 (including the serial number):

On August 8, 1983, D land in the Jeonbuk-gun was divided into E large 691 square meters (hereinafter “Counterclaim Defendant’s land”) and C large 80 square meters (hereinafter “Counterclaim Plaintiff’s land”).

B. The Lessee completed the registration of ownership transfer on May 25, 2009 with respect to the land leased by the Lessee.

C. On May 18, 2004, the counterclaim Defendant completed each registration of ownership transfer with respect to the land of the counterclaim Defendant and the cement block block string roof, 56.06 square meters, cement block string roof, 62.38 square meters, and cement block string roof, 62.38 square meters (hereinafter “previous building”).

On June 2014, the counterclaim Defendant: (a) removed all the previous buildings on the land of the counterclaim Defendant; and (b) constructed a 30-type house on the land of the counterclaim Defendant (hereinafter “new house”); and (c) newly constructed a new house upon impairing the occupied part of the land of the counterclaim Defendant.

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the counterclaim Defendant is obligated to remove the newly built house and deliver the occupied portion to the counterclaim, barring special circumstances. Since the counterclaim Defendant newly constructed a new house on the occupied part of the instant case, which is owned by the counterclaim, and occupies the occupied part of the instant case without title.

B. (1) On May 8, 1985, the counterclaim Defendant: (a) purchased the land of the counterclaim Defendant on May 8, 1985, by F, the husband of the counterclaim Defendant; and (b) as at the time, the part in the ship connected in sequence with each point of indicated 5 through 8, 28, 16 through 19, and 5, the land of the counterclaim Defendant, and the part in the ship connected in sequence with each point of indicated 8 through 10, 26, 25, 14 through 16, and 8, the land of the counterclaim Defendant was possessed from that time to that time with his intention to own, without recognizing each part of the land of the counterclaim, respectively.