1. The Defendant (Counterclaim Plaintiff) is one of the size of 36 square meters in Gangseo-si Co., Ltd. with the Plaintiff (Counterclaim Defendant).

A. Attached Form 8, 18, 19, 20, 21.

1. Facts of recognition;

A. The Plaintiff is the owner of Gangnam-si CJung-si Seoul Metropolitan City 36 square meters (hereinafter “C site”) and D site. The Defendant is the owner of the said C site and the 283 square meters adjacent to the said D site (hereinafter “E site”) and the multi-family house on the second floor of the sloping roof (hereinafter “instant house”).

B. However, the block fence of the instant housing is located in the line that successively connects each point of 8, 18, 19, 20, 21, 22, 23, and 4 of the separate drawings among the C housing site and the line that connects each point of 14, 17, and 8 of the same drawings among the D housing site.

C. Therefore, the Defendant, among the land in C, occupied the portion of “c(c)” in the attached Form 8, 18, 19, 20, 21, 22, 23, 4, 5, 24, 24, 6, 7, and 8 in sequence with each of the items indicated in the attached Form 8, 18, 19, 20, 21, 22, 23, 4, 5, 24, 6, 7, and 5 of the “bb” portion and the same drawings indicated 5, 6, 24, and 5 of the same drawings (hereinafter “c(hereinafter “c(s) and used as the part(s) of the land in C, and occupied the part(s) 5,6,66, and 77 of the land in this case.

[Ground of recognition] Unsatisfy, Gap evidence 2 (including a provisional number), the result of the verification by this court, appraiser F's appraisal result, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the Defendant is obligated to remove the part of C’s housing (a block fence, stairs, warehouse, boiler room) located in the part of C’s land and the part of C’s land (hereinafter collectively referred to as “C’s land erosion”) and the part of C’s land erosion, and the part of D’s land erosion, unless there is a legitimate title to possess and use the five parts among D’s land, the part 5 parts,66, and the part 77 (hereinafter collectively referred to as “D’s intrusion part”).

(b).