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1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The fact that the Plaintiff occupied the part of the instant land among 83,316 square meters of land owned by the Defendant, among the land owned by the Defendant, and occupied a farming house on the said land is not a dispute between the parties. Thus, according to the above fact of recognition, the Plaintiff is obligated to deliver the part of the instant land to the Defendant, barring any special circumstance.
2. Judgment on the plaintiff's main claim and defense against the counterclaim
A. On October 27, 1987, the Plaintiff purchased 3,838 square meters in Chungcheongnam-gun E, Chungcheongnam-gun (on the date of division, registration conversion, and land category change, at the same time, 3,262 square meters in E, and 586 square meters in F farm site), G forest 3,465 square meters (on the date of division, registration conversion, and land category change, at the same time, H farm site 1,61 square meters in 1,67 square meters in I forest land, 491 square meters in JJ land, 1,361 square meters before JJ), K forest 2,27 square meters in 2,277 square meters (on the date of division, registration conversion, and land category change, 476 square meters in L, M, 1,694 square meters in lots) from D, and the Plaintiff had no obligation to complete the registration procedure on the ownership of each of the above land under the Defendant’s name of 2,000 square meters in 6.
B. According to the above facts of determination, the plaintiff is presumed to have occupied the part of the land of this case in peace and public performance with the intention to own the land of this case, and the land of this case in this case around June 5, 2010 after the lapse of 20 years from June 5, 1990 when the procedure for the transfer registration of ownership was completed in the name of the land of this case N in the name of the land of this case.