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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 4, 5, 8, 9, 10, 11 among the land size of 541 square meters in Kim Jong-si.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On December 27, 191, 191, the Plaintiff’s Mad D (hereinafter “the deceased”) acquired the instant real estate from the Deceased on January 12, 201 and completed the registration of ownership transfer on the ground of sale on the 13th of the same month after purchasing the instant real estate from the Deceased on December 12, 2015.
B. Since F acquired on January 5, 1976, the land No. 2 of this case was sold to G on January 5, 1976, to H on January 17, 1978, and to I on May 24, 1995, and the Defendant acquired the land on April 3, 2001 due to inheritance by consultation and division.
C. Meanwhile, among the instant land, a fence (hereinafter “instant fence”) is installed on the ground of 19.06 square meters in a ship which connects each point of 4,11,10,000 square meters in the attached Form Nos. 4, 11, 10, 9, and 9 among the instant land, and a wooden 6glus (including a fence, hereinafter “instant tree”) is planted on the ground of 98 square meters in order to connect each point of 4,5, 8, 9, 10, 11, and 4 of the said drawings. While the Defendant owned and managed the instant land, he occupies the said part (b) and 98 square meters in the said area (hereinafter “instant dispute land”).
[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, 4, Eul's 1 through 3 (including abnormal numbers) and the purport of the whole pleadings
2. Determination
A. According to the facts established on the basis of the judgment as to the cause of the principal claim, the Defendant interferes with the Plaintiff’s ownership of the land in the dispute of this case by installing the fence, etc., barring any special circumstance, the Defendant is obligated to remove the fence of this case to the Plaintiff, collect the trees of this case, and deliver the land in the dispute of this case to the Plaintiff.
B. As to the judgment on the defendant's defense and counterclaim, the defendant H.