1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

가. 여수시 C 답 668㎡ 중 별지 도면 1 표시 ㅍ1, ㅎ1,...

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 18, 2013, the Plaintiff completed the registration of ownership transfer on November 27, 2013, on the ground that the Plaintiff’s land was traded on October 18, 2013.

B. The Defendant is the owner of E’s land and building adjacent to the Plaintiff’s land (hereinafter “Defendant’s land and building”). Of the Plaintiff’s land, the size of 77 square meters (including part of the gate, warehouse, and fence; hereinafter “instant dispute land”) indicated in the same paragraph is installed and occupied on the land indicated in the same paragraph (hereinafter “instant dispute building and fence”). (c) The Defendant purchased real estate owned by the Defendant around May 1, 197 and completed the registration of ownership transfer on February 1, 1981. At present, the instant dispute building and fence are installed on the Plaintiff’s land, which are part of the building owned by the Defendant without the Plaintiff’s consent, and the land owned by the Defendant constitutes the so-called “franchise land” in the form of the Plaintiff’s land and the land owned by another person.

[Recognition] Facts without dispute; Gap evidence Nos. 1 through 7; Eul evidence Nos. 1 through 8 (including additional numbers); the result of the on-site verification by this court; the result of the commission of each survey appraisal to the branch offices of the Korea Land Information Corporation; the purport of the whole pleadings

2. Determination on the main claim

A. As seen earlier, the Defendant had installed, possessed, and used the instant dispute building and fence on the land owned by the Plaintiff, barring any special circumstance, to remove the instant dispute building and fence and deliver the instant dispute land to the Plaintiff, barring any special circumstance.

B. On November 27, 2013, the Plaintiff acquired the ownership of the Plaintiff’s land. The Defendant thereafter thereafter acquired the ownership of the Plaintiff’s land.