Text
1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant).
A. Of the area of 244 square meters prior to J in Sung-si and the area of 182 square meters prior to K, [Attachment].
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On April 4, 2017, the Plaintiff purchased 1104 square meters of land (hereinafter referred to as “land before partitioning”) from Nonparty M in Sungsung-si, and completed the registration of ownership transfer in the name of the Plaintiff on May 4, 2017.
Since then, the land before the division was divided into L big 521 square meters and each of the instant land, etc.
On March 14, 2007, Defendant B purchased a house (hereinafter referred to as “existing house”) constructed on the ground of 595 square meters (hereinafter referred to as “instant adjacent land”) located on the land adjacent to each of the instant neighboring land from Nonparty N on the same day, and completed the registration of ownership transfer on the same day. On May 10, 2008, Defendant B purchased the adjoining land from Nonparty P and completed the registration of ownership transfer on June 11, 2008.
그런데 이 사건 기존 주택이 2015. 5. 16. 화재로 소실됨에 따라 피고 B은 그 무렵 주택을 신축하였는데, 그 신축된 주택은 이 사건 인접토지와 이 사건 각 토지 중 별지 [감정도] 표시 ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, 5, ㅂ의 각 점을 순차로 연결한 선내 (가) 부분 31㎡ 지상에 걸쳐져 건축되어 있다
(A) On June 16, 1989, the part above (A) was "the land in dispute No. 1", and the house constructed on the land in dispute No. 1 was "the new house of this case". On June 16, 1989, the net Qu acquired the ownership of a toilet constructed on the ground of 2 m2m2 in the ship connecting each of the parts in the adjacent land of this case and the part in the adjacent land of this case and the part in the adjacent land of this case and the part in the adjacent land of this case 521m3m2 in e.g., the land of this case. The part in the above (b) was "the land in dispute No. 2 of this case" (hereinafter "the toilet of this case"), defendant C, D, E, F, G and H were children of the deceased, and defendant I was the user in possession of the toilet of this case.
[Reasons for Recognition] Defendant B: A without dispute, entry of Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 through 4, and this Court.