1. The counterclaim of this case shall be dismissed.

2. The main claim of this case is dismissed.

3. The costs of lawsuit are assessed against the principal lawsuit.

1. We examine, ex officio, whether the counterclaim in this case is legitimate or not.

A counterclaim may be brought to the court in which the principal lawsuit is pending before the closure of pleadings.

(See Article 269(1) of the Civil Procedure Act. However, the fact that the Defendant’s counterclaim was filed on October 21, 2015, which was the date of the closing of argument in the instant lawsuit, is apparent in the record. As such, the instant counterclaim is unlawful on the ground that it fails to meet the requirements for counterclaim as prescribed by the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. (i) The instant land was registered in the name of the Defendant since June 3, 1989, when the instant land was registered as the primary facts (i.e., C forest C, 3286 square meters (hereinafter “instant land”). However, on November 4, 2003, when the ownership was transferred to the Republic of Korea, and the ownership transfer registration was completed again on February 6, 2004 for the Defendant’s future transaction, and the Defendant owned the instant land up to the present day.

⑵ 이 사건 토지는 D 전과 E 전을 둘러싸고 있고 그 아래쪽으로 F 답과 G 잡종지 등을 접하고 있는데, 현재 위 여러 필지의 토지 일부씩에 걸쳐서 별지 도면 표시 ㈎, ㈏, ㈐, ㈑, ㈒ 부분의 바깥쪽 경계선에는 울타리가 쳐져 있고, 그 안쪽 총 622㎡(이하 ‘㈎~㈒ 토지’라 한다)의 지상에는 컨테이너박스가 설치되어 있다.

⑶ 특히 이 사건 토지의 경우, 위 컨테이너박스가 위치하고 있는 부분은 같은 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅇ1, ㅅ1, ㅂ1, ㄱ의 각 점을 차례로 연결한 선내 ㈎ 부분 42㎡ 및 ㅅ, ㅇ, ㅈ, ㅋ1, ㅊ1, ㅅ의 각 점을 차례로 연결한 선내 ㈏ 부분 22㎡(이하 ‘㈎,㈏ 토지’라 한다)이고, 위 컨테이너박스는 원고의 농기구 보관창고 용도로 쓰이고 있다.

x. On the other hand, in the case of Gap evidence No. 2-1 in part of the land of this case or in the case of a part of the land of this case, it is not clear to indicate the branch number of the real estate

Gap evidence No. 2, which appears to have been prepared with respect to the case, 1, 2.