1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

1. Basic facts

A. The Plaintiff is the owner of Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu 129.6 square meters (hereinafter “instant land 1”) and the second-story housing (hereinafter “first-story housing”). The Defendant is the owner of Geumcheon-gu Seoul Metropolitan Government D-1,98.1 square meters adjacent to the instant land (hereinafter “instant land 2”) and the second-story housing (hereinafter “instant second-story housing”).

B. The process of changing ownership of each of the above real estate is as follows:

On December 29, 192, the date of the registration of the owner of the subject real estate, Plaintiff 1 on December 29, 1992, and Plaintiff 1 on December 29, 1992, and Defendant 2 on December 29, 1992, acquired some shares on April 3, 2004, and ② acquired ownership on January 26, 2007, on May 16, 1983, Defendant 204.

The boundary between the land No. 1 and the land No. 2 of this case shall be indicated in attached Form 1.

Some of the instant houses owned by the Defendant, fences, outdoor toilets, etc. are installed in the part over which the boundary of the land No. 1 was obstructed as follows.

(1) Attached No. 10, 11, 12, 13, 9, and 10, each of the items indicated in Attached Map No. 10, 11, 12, 13, 9, and 10, are annexed to the (b) section of 0.8 square meters, which are part of the instant second house,

(2) The line connecting [Attachment 1] No. 14, 15, and 16 in sequence is a fenced line (However, the line is in the state of partial removal due to disputes surrounding the boundary between the Plaintiff and the Defendant).

(3) A part of a mentblue toilet is installed on the part of 0.2 square meters in the ship which connects each point of the attached Form 1 drawings No. 19, 18, 17, 7, and 19 in sequence.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 2-1, 2-2-2, Gap evidence 6-1, 2, 3 video, the result of the survey and appraisal conducted by the appraiser F of the first instance trial, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition as to the grounds for the removal and the request for extradition, the attached Form 1 drawing out the land of this case owned by the Defendant without any title.