토지
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the answer 364 square meters in Busan-gun C, Busan-gun;
B. 121,064.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff and the defendant are the south of the network D. The plaintiff and the defendant are the south of the network D.
B. The Plaintiff completed the registration of ownership transfer from D on September 3, 2001 with respect to the portion of 330/694 square meters in Busan-gun E, Busan-gun on the ground of donation made on August 28, 2001. On April 1, 2002, the land was divided into E, E, 330 square meters and C, 364 square meters in order (hereinafter “instant 1 and 2 real estate”). On July 19, 2002, the registration of ownership transfer was completed from D with respect to the remaining portion of 364/694 square meters in each of the instant 1 and 2 real estate from D to the Plaintiff on July 12, 2002.
C. On December 2, 2005, the executor F of the network DD’s will, appointed by the Defendant, filed a lawsuit against the Plaintiff on December 2, 2005, claiming that the registration of transfer of ownership in the name of the Plaintiff on real estate 1 and 2 in the instant case was null and void, and that the judgment was finalized on the ground that there was no evidence to acknowledge it.
From around 1995 to the present two real estate (hereinafter “instant land”), the Defendant used the instant land while planting seedlings or growing crops on the instant two real estate (hereinafter “instant land”).
E. Meanwhile, around 2003, the Defendant asserted that the seedlings planted on the instant land was damaged by the Plaintiff and his father’s G, and filed a complaint against the Plaintiff and G as the crime of damaging the Plaintiff and G. The prosecutor of the Busan District Prosecutors’ Office (hereinafter “ Busan District Prosecutors’ Office”) on September 24, 2003, on the grounds that there was a dispute between the Plaintiff and the Defendant regarding the ownership of the instant land, and there was no evidence to deem the said seedlings as owned by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, witness H's testimony, purport of whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts of recognition as above, the Defendant occupied and used the instant land, and thereby owned the Plaintiff’s ownership on the instant land.