대구지방법원 2019.10.08 2018가단13803

토지인도 등


1. For the designated parties, including the Plaintiff (Appointed Party):

A. Defendant B shall attach attached Form 37,496 square meters of forest E in Daegu Northern-gu.


1. Facts of recognition;

A. The designated parties, including the Plaintiff, (hereinafter collectively referred to as the “designated parties”) share 36496 square meters of E-Gun, Daegu-gu, Incheon-gu (hereinafter referred to as “E forest”) in proportion to the following shares, F66/520 G 44/520 H 117/520 H 117/520 H 44/520 J 44/520 K 44/520 L 44/520 L 44/520 of 44/520.

B. After purchasing 190 square meters of Ma forest land in Daegu-gu, Daegu-gu (hereinafter “M forest”) adjacent to E forest and completing the registration of ownership transfer as of June 5, 1976, Defendant B newly constructed, around September 5, 1976, the same appraisal as 43 through 47, 36, 34, 34, 32, 31, and 43 square meters of cement bricks and 74 square meters of 116 square meters per Nowon-gu (hereinafter “this case’s land”) on the ground in order to connect each point on the part of the cream section connected to E, which is located on the ground.

Since the construction of the necessary bonds and Nowon-do Party, the appraisal of the same is indicated 10, 23 through 36, 12, 11, and 10 square meters in line with each point of 10, 23 through 36, 12, 11, and 10. (hereinafter “the instant site portion”) is used as the site of the necessary bonds and Nowon-do Party.

C. Around 2010, Defendant D leased and used the instant debentures and Trade Union Party from Defendant B until now.

On the other hand, Defendant C, as children of Defendant B, completed the registration of ownership transfer on the ground of “the donation on December 15, 2006,” with respect to 2/3 portion of the forest land M from Defendant B on December 18, 2006.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, Eul 1 through 3 evidence (if there are various numbers, including numbers; hereinafter the same shall apply) and images, the result of the appraisal commission on the Daegu site of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the cause of action

A. The relevant legal doctrine building is generally the site.