건물등철거
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on January 23, 1963 with respect to the land of 214 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).
B. On June 13, 1981, the registration of ownership transfer was completed on June 13, 1981 with respect to the 1543 square meters of land for a factory in Ulsan-gu, Ulsan-do (hereinafter “the adjoining land of this case”). On December 3, 2002, the registration of ownership transfer was completed to Co-owners F and G on December 3, 2002, and on March 5, 2004, the entire co-owners’ share transfer was completed in the Defendant’s future.
C. The Defendant newly constructed two-story factories (one story 361.75 square meters, two-story 71.5 square meters, two-story 71.5 square meters (hereinafter “instant building”) on the instant neighboring land, Ulsan-gu H and I’s ground, and completed the registration of initial ownership on June 28, 2004.
Of the instant building, part of the instant building intrudes on one square meter (hereinafter “the instant part”) part of “1 square meter” connected in sequence of each point of indication 1, 2, 3, 4, and 1 of the attached drawings among the instant land.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the result of the appraisal commission to the President of the Ulsan District Headquarters of Busan District, the purport of the whole pleadings]
2. The allegations by the parties and the determination thereof
A. 1) The Defendant is obligated to remove the building of this case which affected the part of the instant building owned by the Plaintiff and deliver the said part to the Plaintiff. 2) The Defendant, the former owner of the adjoining land of this case, E, F, G, and the Defendant, knowing that the part of this case was included in the adjoining land of this case, and has occupied the said part in good faith, peace, and public performance.
The defendant succeeded to the possession of the former owner on November 23, 1994, which was twenty (20) years prior to the date of the lawsuit of this case, shall be the starting point for the acquisition by prescription, and on November 23, 2014, which was twenty (20) years prior to the date of the lawsuit of this case, the defendant claimed on November 23, 1994.