토지사용권확인
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) goes against the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On December 20, 199, the Plaintiff purchased 11,284 square meters of nine parcels of land, including 387 square meters in Yandong-gun, Chungcheongnam-gun, Chungcheongnam-do, 2,098 square meters in J-gun, 391 square meters in K, 1,322 square meters in L forest, 1,322 square meters in M forest, 1,322 square meters in N forest, 1,322 square meters in O forest, 1,322 square meters in P forest, 1,596 square meters in Q forest, 1,524 square meters in Q forest, and completed the registration of transfer of ownership as of December 24, 1999.
B. Each forest land of this case is adjacent to the land purchased by the Plaintiff as shown in the annexed Form No. 41, 42, 43, 44, 45, 46, 47, 56, 57, 58, 59, 60, and 41 among the forest land No. 1 of this case, and among them, the forest land of this case is used as part of the parking lot adjacent to the land owned by the Plaintiff.
C. On July 4, 2003, the Plaintiff borne KRW 7,729,540, out of the construction cost of KRW 16,218,062, such as road packaging and repair of the instant land.
Defendant B, C, D, and S completed the registration of ownership transfer as the receipt No. 65320 on March 18, 2004 with respect to each of the instant forest shares on the grounds of sale and purchase on March 5, 2004. Defendant E and F again completed the registration of ownership transfer with respect to each of the instant forest shares as the receipt No. 7930 on April 30, 2010 by the same registry office on the grounds of sale and purchase on March 5, 2010.
E. On September 2, 2011, the Plaintiff filed a lawsuit against the Defendants, S, and R seeking the cancellation of the ownership transfer registration of the instant land and the registration of ownership transfer against the Plaintiff. However, on June 20, 2012, this court dismissed the lawsuit against the Defendants and S on the ground that there is no evidence to acknowledge that the Plaintiff purchased the shares of the instant land from R, and sentenced the judgment dismissing the claim against R (201Gadan9558). The said judgment became final and conclusive on July 25, 2012.
[Reasons for Recognition] A, Gap evidence 1, Gap evidence 2, Gap evidence 4 through 8, Gap evidence 10, Eul evidence 2, Eul evidence 2, Eul evidence 3, Eul evidence 3, the result of each field inspection conducted by the court of first instance and the court of first instance.