1. The Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Plaintiff) from among the size of 7567m2, F. 7567m2, the indication of the attached drawings, f. 1, 71.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The land of this case was owned by net G (Death on December 2, 1984) which was put by the Plaintiff and the Defendants. On April 13, 1985, the registration of ownership transfer was completed on August 10, 1972 for each of the Plaintiff and the Defendants.

나. 장남인 원고는 이 사건 토지 중 별지 도면 표시 ㄹ, ㅍ, ㅎ, ㄱ1, ㄴ1, ㄷ1, ㄹ1, ㅁ1, ㅁ, ㄹ의 각 점을 순차로 연결한 선내 (나)부분 1487㎡(이하 ‘이 사건 (나)부분’이라 한다)와 같은 도면 표시 ㅂ, ㅂ1, ㅅ1, ㅇ1, ㅅ, ㅂ의 각 점을 순차로 연결한 선내(다)부분 708㎡(이하 ‘이 사건 (다)부분’이라 한다)에 철골조 비닐하우스를 설치하여 감귤농사를 짓고 있고, 이 사건 (나)부분과 이 사건 (다)부분 사이에 있는 같은 도면 표시 ㅁ, ㅁ1, ㅂ1, ㅂ, ㅁ의 각 점을 순차로 연결한 선내 (라)부분 65㎡(이하 ‘이 사건 (라)부분’이라 한다)는 통로로 사용되고 있다.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the result of this court’s verification, appraiser H’s survey and appraisal, the purport of the whole pleadings

2. The parties' assertion

A. Before the Plaintiff’s assertion G was deceased, the Plaintiff divided the instant land into five parts, such as the Plaintiff’s evidence No. 5 (hereinafter “instant drawings”), and donated each part to the Plaintiff and the Defendants, specifying each of the relevant parts, and the Plaintiff and the Defendants completed the registration of ownership transfer each of 1/5 shares for convenience.

The portion of the instant case (b), (c), and (d) falls under the portion that the deceased G donated to the Plaintiff, and the Plaintiff occupied from December 2, 1984, the said portion with the intention of ownership, and walscrusia.

In the first place, the Plaintiff and the Defendants respectively have registered the co-ownership of the specific five parts of the land in this case, and thus, they are between the Plaintiff and the Defendants.