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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is racing C. with the defendant (Counterclaim plaintiff).
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of Gap evidence Nos. 1, 2, 3, 4, 5, 7 and Eul evidence Nos. 1, 1, 2, 3, 4, 5, 7, and 1 (including additional numbers), the result of the request for surveying and appraisal by the Korea Land Information Corporation and its branch offices,
On December 1, 1977, the Plaintiff completed the registration of transfer of ownership on the ground of sale on February 9, 1970 with respect to the land of this case (hereinafter “instant land”).
B. D, the Defendant’s husband, is the land adjacent to the instant land and the former land of this case, which was divided on May 4, 1993, and completed the registration of ownership transfer on December 1, 1994 with respect to the land of this case divided on May 4, 1993.
C. D On November 14, 1996, each point of which is indicated in the annexed map No. 10, 23, 15, 14, 22, 21, 24, 25, 26, 9, 27, and 10, among the land in this case, is connected on the ground of 116 square meters of the part (i) part of the ship which is connected in the annexed map No. 15, 12, 13, 14, and 15, and each point of which is indicated in the annexed map No. 15, 12, 13, 15, 26, 16, 17, 18, 19, 20, 21, 22, 14, and 13, and all of the above buildings are newly constructed on the ground (hereinafter referred to as the "building No. 16, each of the above building No. 316).
However, the building, the registration of preservation of ownership of which has been completed, is divided into 98.7 square meters, 17.4 square meters, 17.4 square meters, 17.4 square meters, 2-dong warehouse, and the area and current status of each of the buildings of this case, which are existing as revealed through the survey and appraisal by this court. However, it appears that the building of this case was somewhat reconstructed or extended after the registration of preservation on November 14, 1996, and between the parties, it is obvious that each of the buildings of this case is the same building as the registered building.