1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the said revoked part shall be applicable.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. At around 1978, Bodo-gun purchased a lot of land, including 1,066 square meters, 270 square meters prior to H, and 710 square meters prior to G, Chungcheongnam-gun, Chungcheongnam-do, the Defendant owned, and conducted a rural village housing improvement project to fire land to village residents.

B. In accordance with the above rural housing improvement project, the above C was divided into the land owned by the Defendant, and on September 9, 1978, Bodo-gun acquired ownership on the land owned by the Defendant. The land in this case was re-divided from the above C land, and the land in this case became the land in this case due to re-division of D or N in the above H land. After the I and J land was divided into the above H land on July 31, 1978, and on September 9, 1978, Bodo-gun acquired ownership on September 19, 1978, but on March 5, 1980, the area of 12 lots including the above G land was 7,735 square meters.

5. 28. The O or P land was re-divided on the land above.

C. On December 21, 1984, the Plaintiff purchased the land of this case and the 398 square meters divided from the said land, and completed the registration of ownership transfer on January 14, 1985.

On the other hand, on December 21, 1984, the Defendant purchased E large-228 square meters divided from Bodo-gun and completed the registration of ownership transfer on May 16, 1985. As stated in the attached appraisal sheet, the Defendant’s land adjoins Franch 16,29 square meters (hereinafter “instant ditch”) on the south of the Defendant’s land. On the south of the instant ditch, the instant land is adjacent to the said D land owned by the Plaintiff, and the south of the instant land is adjacent to each other.

E. The defendant constructed and owned a house over the defendant's land, the ditch of this case, and the land of this case (hereinafter "the defendant's house"). On December 13, 1978, the defendant completed the registration of preservation of ownership in the defendant's name by setting the lot number of the land of this case as G. The part of the defendant's house over the land of this case over the land of this case shall also be indicated in the attached appraisal.