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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
Reasons
1. Judgment on the main lawsuit
A. On February 9, 2009, the Plaintiff completed the registration of ownership transfer on January 29, 2009 with respect to the land of 222 square meters in Dong-gu Daejeon Special Metropolitan City (hereinafter “instant land”).
B) Of the instant land, the Defendant connects each point of 7, 17, 18, 18, 3, 4, 5, 6, and 7, the part of 142 square meters in the ship (c) (hereinafter “c (c) portion”) among the instant land in sequence.
[] The part on the ship (iv) with which a prop tree is planted and supported, and a prop tree is installed to support it, and the part (d) of 5 square meters (hereinafter referred to as “d) in the ship connected with each point of the aforementioned drawings in sequence 13, 14, 15, 16, and 13.
[] In addition, the Defendant installed a steel fence on the line that connects 20,21,22 the aforementioned drawings in sequence. [Grounds for recognition] In light of the above facts, the Defendant did not dispute, the entry of Gap evidence 1, the result of the first instance court's request for appraisal of complementary survey and appraisal on the Vice-Governor of the Daejeon District Headquarters of the Daejeon District Headquarters of the Daejeon District Headquarters of the District Court, and the purport of the pleadings as a whole, the Defendant occupied the above land on the instant land owned by the Plaintiff and interfered with the Plaintiff's ownership. Thus, barring special circumstances, the Defendant, barring special circumstances, collected spath trees planted in the part (c) and removed spath trees installed therein, delivered the part of the land to the Plaintiff, removed the portion of the land, and removed the portion of the land to the Plaintiff, and removed the portion of the land to the Plaintiff to the 201, 221, 2220 in sequence.
B. The defendant's assertion 1 is the case from the clan and its clan, which is the actual owner of the land of this case, while the defendant was living in the land of this case before the plaintiff acquired the plaintiff's ownership.