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1. The Defendant (Counterclaim Plaintiff) pays KRW 1,359,300 to the Plaintiff (Counterclaim Defendant).
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
Reasons
1. Basic facts
A. The Plaintiff’s land and building Plaintiff purchased from D on November 15, 1999 the Dongjak-gu Seoul Metropolitan Government C large-579 square meters (hereinafter “Plaintiff’s land”) and completed the registration of ownership transfer on December 28, 199.
In addition, after obtaining a building permit on January 27, 200 and removing the existing building on the Plaintiff’s land on February 9, 200, the building was constructed on that ground, and completed the registration of ownership preservation on September 19, 200 after obtaining approval for use on September 14, 200.
B. A building (1) on the land and building owned by the Defendant (hereinafter “Defendant F building”) on the ground of the Dongjak-gu Seoul Metropolitan Government FF large of 602 square meters (hereinafter “Defendant F land”) around December 1980, and completed registration of the preservation of ownership on December 31, 1980.
G Purchasing Defendant F’s land and buildings from May 1, 1989, and completed the registration of ownership transfer on May 31, 1989.
The defendant purchased the land and buildings of defendant F from G on June 15, 2001, completed the registration of ownership transfer on July 20, 201, and has been occupied and used until now.
(2) On December 31, 2017, the Defendant purchased from H the Dongjak-gu Seoul Metropolitan Government I large scale 270 square meters (hereinafter “Defendant I’s land”) and the building on land (hereinafter “Defendant I’s building”) and completed the registration of ownership transfer on March 19, 2018.
(3) On July 31, 2018, the Defendant completed the registration of ownership transfer on the ground of the prescriptive acquisition on May 31, 198, with respect to J 11m2 in Dongjak-gu Seoul Metropolitan Government (hereinafter “Defendant J land”).
C. The current status of the Plaintiff, Defendant I’s land and building, and the Plaintiff’s land are as follows.
(A) Defendant I’s land and the Plaintiff’s land are located adjacent to the sloped area of the Plaintiff’s land from Defendant I’s land to the surface of the Plaintiff’s land. Through cutting, filling, and leveling, the land adjoining to the lower part of Defendant I’s land and the lower part of the Plaintiff’s land, the height of which is about six meters high.
(B) Defendant I’s land and Plaintiff’s land.