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1. The Defendant (Counterclaim Plaintiff) indicated an attachment No. 2, 5, 6, 15, out of the size of 129 square meters per Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul.
Reasons
1. Basic facts
A. On December 17, 1994, the Plaintiff owned the instant land after completing the registration of ownership transfer due to inheritance by consultation division on April 12, 1994 with respect to 129 square meters (hereinafter “instant land”).
B. On September 11, 1979, the Defendant occupied and used the instant land while cultivating and using the Defendant’s land after completing the registration of transfer of ownership based on sale on October 5, 1971 from F with respect to the land of 1,061 square meters (hereinafter “Defendant’s land”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 43, Eul evidence 12 and 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. The purport of the parties' assertion is that the Plaintiff occupied and used a vinyl (hereinafter "the instant vinyl") without permission on the ground of 27 square meters in part of the portion of 1 in the ship (hereinafter "the instant vinyl") connected with each point of the attached drawing Nos. 2, 3, 4, 5, 16, and 2 among the instant land, and occupied and used a vinyl house (hereinafter "the instant vinyl house") without permission. In the course of maintenance, repair, and management of the said vinyl house, the Plaintiff asserted that the Plaintiff removed the instant vinyl, and that the Defendant has a duty to remove the portion of 29 square meters in part (hereinafter "b2 in the ship") connected with each point of the attached drawing Nos. 1, 2, 16, 5, 6, 15, 14, 13, 12, and 1 in sequence, and each portion of the instant land from the date of completion of the transfer to the date of completion of the transfer to the date of May 1, 2015.
The Defendant, among the instant land owned by the Plaintiff, installs a plastic house on a part 27 square meters in the part 1 in the ship among the instant land owned by the Plaintiff and occupies it, and is5 in the ship, which connects each point of the attached Form 1, 2, 16, 14, 13, 12, and 1 among the 29 square meters in the part 29 square meters