부당이득금
1. On March 16, 2010, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) with respect to the size of 969 square meters of forest C in Scheon-si.
1. Basic facts
A. The plaintiff is a child of the network D, the defendant is the spouse of the network E, and the network D is the defendant's father.
B. On September 18, 1979, the network E completed the registration of ownership transfer with respect to F forest land 7,974 square meters (hereinafter “F land before the instant subdivision”) and G forest land 2,439 square meters (hereinafter “G land before the instant subdivision”).
C. On October 6, 1979, the network E completed the registration of ownership transfer with respect to the instant G land before subdivision to H, and on May 10, 1985, the said G land was divided into C, 969 square meters of forest land (hereinafter “instant land”) and divided into 1,470 square meters.
H on October 10, 1985, completed the registration of ownership transfer with No. 14464 on the same date due to the sale and purchase of the instant land to the network D on the same date.
E. Before the instant partition, F land was divided several times and divided into 4,882 square meters. The network E completed the registration of ownership transfer with respect to the said land on July 21, 1986 to the Defendant.
F. The deceased D died in around 2002, and the Plaintiff completed the registration of ownership transfer as the receipt No. 21448 on September 30, 2002 on the instant land due to inheritance.
G. The instant land is connected with the area of 4,882 square meters and G forest 1,470 square meters in Sacheon-si. The deceased on around November 2010, the instant land and the boundary of the said G land was created around November 24, 2010 in the form of the deceased E’s grave and the Defendant’s graveyard on the boundary of the instant land and the instant G land (hereinafter “instant grave”), and the part of the instant grave connected each point of 7,8,9,6, and 7 square meters in sequence among the instant land, which was connected with each point of 7,8,9,6, and 37 square meters in part among the instant land.
H. At the time of the creation of the instant grave, the Defendant planted seedlings around the said grave and set up a dry field for farming houses.
[Reasons for Recognition] A without dispute, Gap evidence 1 to 3, 11, 12, Eul evidence 1 to 5, each of the images of Gap evidence 4 to 6, 33 to 38, the result of the appraiser I's measurement and appraisal.