1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. In January 6, 1984, the Plaintiff purchased a house on the ground (hereinafter “existing house”) of 284 square meters in Seongdong-gu, Seoul Special Metropolitan City (hereinafter “the land owned by the Plaintiff”) from Nonparty D in Jeonjin-gu, Seoul Special Metropolitan City (hereinafter “the Plaintiff”), and purchased the above land on January 6, 1984 and completed the registration of ownership transfer on January 7, 1984, when he occupied the said land.

B. The Plaintiff removed the existing house on the land owned by the Plaintiff and newly constructed a sculpture concrete slab roof house and warehouse (hereinafter “the building owned by the Plaintiff”) on the land owned by the Plaintiff and the F on the land owned by the Plaintiff and on the land owned by the Seoul-gu Seoul Special Metropolitan City. The Plaintiff completed the registration of initial ownership on October 11, 199.

C. On Apr. 20, 1983, the Defendant donated 711 square meters (hereinafter “instant land”) prior to Seojin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), and completed the registration of ownership transfer on Jan. 17, 1995. On the instant land and the land owned by the Plaintiff, there are 66 square meters out of 1,153 square meters of G road in Jeonjin-gu Special Metropolitan City, Jeonjin-gu, Seoul Special Metropolitan City (hereinafter “G road”).

Of the instant land, the Plaintiff has installed a brick fenced fence (hereinafter “the instant brick fence”) on the line connected to 1, 4, c, and 2 of the attached drawing Nos. 1 among the instant land, and occupied the area of 82 square meters (hereinafter “the part of the instant land”) located within the scope of the local government, which successively connected each point of 1, 2, 3, 4, and 1.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, Eul evidence 1, the purport of the whole pleadings

2. Determination of the parties' arguments

A. The Plaintiff’s assertion 1 of the parties had a road used by the neighboring residents according to the instant brick fence, which is the boundary of the existing house, and at the time of construction of the building owned by the Plaintiff, the instant brick fence was installed on the same boundary as that of the past, and the part among the instant land is located within the scope of the association.

The plaintiff has been in this case since 1974.