Text
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. Basic facts
A. On March 12, 2012, the Plaintiff completed the registration of the transfer of ownership in its name with respect to the name of 671 square meters (hereinafter “instant land”).
B. The Defendant owns cement block, stone bridge, and cement block bridge roof (hereinafter “instant housing”) and warehouse (hereinafter “instant warehouse”) on the ground adjoining to the instant land. Of the instant housing, the part 7 square meters on the ground indicated in the annexed drawings 1 among the instant housing and the instant warehouse, the area 20 square meters on the ground and 5 square meters on the ground of “2” portion indicated in the annexed drawings 1 among the 7 square meters and the instant warehouse, the area 20 square meters on the ground and 5 square meters on the ground of “2” portion on the instant land, and the Defendant occupied the area 47 square meters on the ground of “A” portion on the land indicated in the annexed drawings 1 among the instant housing and warehouse.
C. On August 5, 1939, the deceased F (the deceased on November 10, 1970, hereinafter “the deceased”) completed the registration of transfer of ownership with respect to the name of 89 square meters (hereinafter “the instant land No. 2”) prior to the Go Chang-gun, Gowon-gun, Gowon-gun on August 5, 1939. The Plaintiff is one of the co-inheritors of the deceased’s co-inheritors, one of whom is the deceased’s own co-inheritors, and one of the co-inheritors of H’s land No. 2.
The Plaintiff, while operating a religious assembly hall on the land of this case on the ground of the land of this case, occupies 26 square meters above the ground of “A” on the ground of attached Form 2 on the land of this case as an access road and a marina for the said temple.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including each number, hereinafter the same shall apply), Eul evidence 1 to 6, Eul evidence 1 to 6, the result of the on-site inspection by this court, each request for appraisal by this court, and the purport of the whole pleadings as a whole.
2. Determination on the main claim
A. The Defendant interferes with the Plaintiff’s exercise of ownership on the ground of the instant land owned by the Plaintiff, as the instant housing and warehouse owned by the Defendant exists on the ground of the Plaintiff’s assertion by the parties.