토지인도
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be the Plaintiff (Counterclaim Defendant) and Gyeongcheon-gun.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 1, 1983, the Plaintiff purchased 288 square meters (hereinafter “instant land”) from D, Yancheon-gun, Yancheon-gun, Daejeon-gun, and completed the registration of ownership transfer by the Daegu District Court No. 11569, Sept. 14, 1994.
B. On February 25, 1972, the Defendant purchased a house constructed on the land adjacent to the instant land in Gyeongcheon-gun, Gyeongcheon-gun, Dongcheon-gun, 629 square meters (hereinafter “the instant adjacent land”) and its ground, and completed the registration of ownership transfer on the instant adjacent land by the Daegu District Court No. 9989, May 24, 1980.
C. The Defendant, among the instant land, cultivates agricultural products, such as drilling, on the ground level of 19 square meters (hereinafter “the part”), which connects each of the items indicated in the annexed drawing Nos. 1, 2, 3, 6, and 1, among the instant land. In addition, the part of the roof of the above house, which was part of the roof of the asbestos slate of the instant land, was built by following three square meters of the part for the information on the ship, which was successively connected with each of the items in the annexed drawing Nos. 3, 4, 5, 6, and 3 among the instant land (hereinafter “the part for
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the ground for the main claim, since the defendant occupied the parts of the land in this case owned by the plaintiff and infringed on the plaintiff's ownership of the land in this case. Thus, the defendant, as the owner of the land in this case, is obligated to remove the agricultural crops planted on the ground of the judgment of the court below, remove the roof of the slate on the ground part of the body subject to war, remove them, and deliver each part of the body subject to war or war.
B. On February 5, 1972, the Defendant, which caused the Defendant’s defense and counterclaim claim, purchased the adjoining land of this case on February 5, 1972, and was aware of the fact that each of the parts, i.e., during the war war war war and war war war war war, were possessed by each of the parts, i.e., war war war and war war war. Thus, the above possession