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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the 602 square meters of land before Incheon Strengthening-gun C, the Attached Form 1 Map No. 45, 46, .
Reasons
1. Basic facts
A. On March 26, 1940, E completed the registration of initial ownership relating to D & C’s size of 106 square meters (hereinafter “D’s land”) and 602 square meters (hereinafter “C’s land”).
B. E died on March 30, 1997, and the Plaintiff succeeded to each of the above land.
The plaintiff completed the registration of ownership transfer on January 16, 2007 with respect to each of the above lands.
C. On April 23, 1976, the Defendant succeeded to F large-scale 863 square meters (hereinafter “F land”).
The defendant completed the registration of ownership transfer on February 19, 1994.
The defendant owns houses, warehouses, and stables on the F land.
E. From among D land owned by the Plaintiff, the Defendant successively connects each point of (a), (b), (c), (d), (d), (Ma), and (e) part 28 square meters (the same shall apply to part (a) of attached Table 2, 11, 12, 8, 9, 10, 10, 12, 7, 13, 14, 15, 16, 17, 18, 8, 9, 16, 17, 19, and 19, among the above parts of D land owned by the Plaintiff, to each point of (a) the above part on the ground connected with each point of (b), 19,8, 12, 13, 14, 15, 16, 17, 17, and 28 square meters on the ground; (b) the above part on the ground connected with each point of (a) the above part on the ground; (c) the above part on the ground; and (d) the above part on the ground.
F. The Defendant, among the entire land owned by the Plaintiff, uses and occupies the part (A) of 12 square meters in the ship, which connects each point of 45, 46, 57, 58, 59, 48, 49, 49, 50, 51, 52, 53, 54, 55, 56, and 45 square meters in sequence, among the land owned by the Plaintiff, as sewage holes.
[Reasons for Recognition] A.1, 2, 3, and 4 (including each number; hereinafter the same shall apply), the result of on-site verification by this court, the result of appraiser G appraisal, the result of each request for surveying appraisal to the head of the Incheon Regional Headquarters of the Korea Cadastral Corporation for Survey and Appraisal, the purport of the entire pleadings
2. Determination as to the claim for delivery and removal among the land C (the main claim)
A. According to the above facts, there are no special circumstances.