1. The Defendant (Counterclaim Plaintiff) indicated in the attached Form No. 1, 8, 9, 10, among the land size of 554 square meters in Gyeonggi E-gun, the Plaintiff (Counterclaim Defendant) against the Plaintiff.

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. On December 7, 2018, the Plaintiffs completed the registration of the transfer of ownership with respect to one-half shares of each of the land No. 1 of the instant case.

B. On May 2, 2016, the Defendant completed the registration of transfer of ownership with respect to the land F. 338 (hereinafter “instant land”). On April 10, 2017, on the instant land No. 2, the Defendant completed the registration of transfer of ownership with respect to the two-story detached housing on the first-class concrete structure (refinite) of the main building on the instant land. The Defendant completed the registration of preservation of ownership with respect to the two-story detached housing (hereinafter “instant building”).

(c)

Of the land No. 2, the Defendant built or installed a stone stairs, stone, and turf, etc., along with the stairs abutting on the road, from among the part adjoining to the building of this case, and part of the brick stairs, stone, and turf are also located on the ground of part of the land No. 1 (hereinafter “instant ground objects”). [Evidence Evidence: Evidence No. 1 to 8, and evidence No. 13 (including branch numbers; hereinafter the same shall apply) and images of the instant land, and the purport of the entire theory on the commission of appraisal to appraiser G and the result of alteration of appraisal to appraiser G of this court]

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the defendant possessed part of the land No. 1 of this case by owning and occupying water on the ground of this case. Thus, unless there is a title to possess part of the land No. 1, the defendant is obligated to remove water on the ground of this case to the plaintiffs who are the owners of the above No. 1 and deliver part of the above land No. 1.

2) As to this, the Defendant: (a) the instant ground water is a blocked object installed using natural stone along with a drainage route to prevent the entry of soil and sand into the instant land No. 1, which is owned by the Plaintiff and water above the land No. 2, which is owned by the Defendant; (b) pursuant to Article 217 of the Civil Act, the Plaintiffs’ soil and sand of the instant land No. 1 and water are neighboring land.