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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is demoted to the Defendant (Counterclaim Plaintiff) C.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. The judgment on the ground for the main claim is the Plaintiff’s ownership of the forest land C, 980 square meters (hereinafter “the instant forest”).
The land adjoining to the instant forest is owned by the Defendant, and there is a building owned by the Defendant on the ground (hereinafter “instant building”).
As a result of the survey, some of the forest land in this case (2) is used as the site for the building in this case (2) 52 square meters, 13 square meters in part (c) 17 square meters in part (d) and 17 square meters in part).
[Reasons for Recognition] Unless there is a dispute, Gap evidence 1, Eul evidence 1, Eul evidence, on-site inspection and appraisal result, barring special circumstances to the purport of the whole pleadings, the defendant is obligated to remove structures, such as the building on the ground of the land of this case, and deliver the occupied part of the land of this case to the plaintiff.
2. Determination on the grounds of a defense and a counterclaim against the principal lawsuit
A. The Defendant’s summary of the Defendant’s assertion: (a) as he occupied the instant building from the construction of the instant building around 1978 to the Defendant in peace and public performance for twenty (20) years; (b) the Plaintiff cannot seek removal of the instant building, etc. on its ground; and (c) instead, the Defendant asserts that he should transfer the ownership of the part owned by the Defendant to the Defendant and file a counterclaim for the registration of ownership transfer.
(b)In fact, E owned adjacent land, and resided at the beginning on that land, and donated adjacent land to the Defendant on August 21, 1978, and completed registration of preservation of ownership in the name of the Defendant by construction of the first house on the ground of the adjacent land in the same form as at present, after surveying and designing it with the help of Gangnam-si in accordance with the F surrounding Cleanup Project, which was in force at the time.
At present, there was an original intention in the container on the surface of neighboring land.
Of the forest land of this case, the plaintiff now passes or passes.