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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.
2. Costs of appeal; and
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff occupied the land in the dispute over the instant building 1) The Plaintiff is Sucho-si, Sucho-si, 50 square meters (hereinafter “Plaintiff’s land”).
The registration of ownership transfer based on sale on October 28, 1985 with respect to the building shall be completed on the ground, and on August 7, 1986, the building of reinforced concrete brick slab 3 floors (hereinafter “instant building”) shall be granted a building permit on the above ground.
(2) On December 6, 1986, the Plaintiff newly constructed a new building and obtained approval for use. On March 6, 1999, the registration of the preservation of ownership on the above building was completed. 2) The Plaintiff occupied the portion (b) 15 square meters in the ship (hereinafter referred to as “sub-division”) connected with each of the items of 5, 6, 7, 8, and 5 square meters in the attached Form No. 5, 327 square meters (hereinafter referred to as “sub-division”) among the areas adjacent to the Plaintiff’s land for the purpose of marina and parking lot, etc.
B. The current status of the Plaintiff’s land, including the boundary, etc. of the Plaintiff’s land adjacent to the Plaintiff’s land, is adjacent to G, H, and C before subdivision. 2) On the ground before subdivision, a fence (hereinafter “the wall 1”) is installed on the line that connects each point specified in the table 3, 12, and 12 below. On the ground of the inner city, a fence (hereinafter “the wall 2 wall”) is installed on the line that connects each point specified in the table 12, 9 below. On the ground of the inner city, the line that connects each point specified in the table 6, 3 as below (hereinafter “the wall of this case”). At the beginning of the inner city, the above line that connects each point of the table 6, and 3 as indicated in the drawing 12.
3) Although the first and second fences are installed in a straight line, each of the above fences and the bricks of this case do not form a straight line. 4) Under the drawings, the area of the “1,” “2,” “2,3,” and “4,” is 169 square meters, 9 square meters, 264 square meters, and 16 square meters, respectively, and the area of the “169 square meters, 9 square meters, 264 square meters, and 312 square meters, other than the disputing land
H C GF
C. B before the division of the Defendant: (a) on August 5, 1968, the Defendant: (b) was a person who completed the registration of ownership transfer on the grounds of sale and purchase as to C before the division; (c) died on September 13, 2015; and (d) E, the deceased’s children.