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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is Seoul.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 16, 1989, the Plaintiff acquired the ownership of the Seomun-gu Seoul Seomun-gu Seoul Metropolitan Government E large 166 square meters (hereinafter “Plaintiff-owned land”). On February 22, 1992, the Plaintiff removed the old house on the ground and newly built a new house to obtain approval for use.
B. The Defendant: (a) purchased on August 11, 2005, and completed the registration of transfer of ownership on October 4, 2005, the Defendant occupied and used the land of 3.31 square meters in a cement 56 square meters in Seoul, Seodaemun-gu, Seoul (hereinafter “Defendant-owned land”); and (b) cement ridges and 30.12 square meters in a single-story roof; and (c) attached thereto, 6.61 square meters in an underground room; and (d) cement gates, bricks, slabs, and 3.31 square meters in a single-story roof (hereinafter “Defendant-owned building”).
The above building was newly constructed on May 29, 1970 by G, to H on August 28, 1986, to I on June 25, 2002, to D on June 10, 2003, and its ownership was transferred to the Defendant on October 4, 2005.
C. The part of the building owned by the defendant which connects each point of 9, 16, 15, 10, 10, and 9 with the walls and fences of the warehouse building connected to the Plaintiff’s land and the Defendant’s land boundary. The part which connects each point of 9, 10, 11, 12, 13, 14, 15, 16, and 9 with the part which connects each point of 16, 17, 18, 19, and 21, and 23 points of the same drawing. The part which connects each point of 9, 10, 11, 12, 14, 15, 16, 19 of the building owned by the Defendant should be the part which connects each point of 9, 10, 19, 19, 20, 21, 222, and 19 of the building owned by the Defendant, among each of the buildings owned by the Defendant, 16, 17, 19, and 19.
around September 2013, the defendant does not have a house from among the buildings owned by the defendant.