1. The Plaintiff (Counterclaim Defendant) indicated the attached Form No. 16, 17, 18, 19, 20, 21 among the land size of 549 square meters in Sacheon-si Co., Ltd. to the Defendant (Counterclaim Plaintiff).

1. Basic facts

A. Nonparty D was the actual owner of 281m2 and 268m2 in Scheon-si, E-si, a land prior to the annexation of the instant land. The land prior to the said annexation was merged with the instant land on March 19, 2008.

B. On April 27, 1981, Nonparty G completed the registration of ownership preservation with respect to the instant land (281m2 and f. 268m2 prior to the annexation) as the Changwon District Court’s receipt of the Scheon District Court’s private registry office, which received on April 27, 1981. The Plaintiff was the wife of the said G, and the Plaintiff completed the registration of ownership transfer on October 11, 2003 as the above registry office on the ground of inheritance by consultation division as to the said land on February 29, 2008.

C. Around 1980, the Defendant’s father-H died on September 24, 1994 while constructing and using the instant water on the land in the dispute of this case. At present, the Defendant’s father-H was occupying and using as the inheritor.

On December 7, 2011, the Plaintiff conducted a boundary survey to newly build a house on the instant land, and requested the Defendant to deliver the part of the instant dispute land.

E. On the other hand, on January 15, 1954, the above H entered into a contract with D (the nominal owner in the registry) to purchase KRW 27 of the FF land in the private-gun, Scheon-gun, which was the land prior to the annexation, at KRW 4,050, out of the total land before annexation.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 13, Eul evidence No. 13, the witness J's testimony, the result of the on-site inspection by this court, the appraiser K's appraisal, the purport of the whole pleadings

2. The parties' assertion

A. On 1969, the Plaintiff purchased the instant land and the instant land from D, the actual owner of the instant land, and acquired the ownership thereof. The Plaintiff inherited the ownership of the instant land as a wife of the said G. The Defendant, without title, occupied and used the instant land on the ground of the instant dispute land, without the title. Therefore, the Defendant occupied and used the instant land on the ground without title.