건물명도등
1. The Defendant (Counterclaim Plaintiff) and the Defendants deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in attached Table 2.
2...
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. The Plaintiff is four women among nine sons between father G and mother H, and Defendant C is three women, and Defendant D is the husband of Defendant C, Defendant E, and F are their children.
B. As to the instant land and building, the registration of ownership transfer was completed on July 11, 1980 in the Plaintiff’s future on the grounds of sale on the 10th of the same month, and Defendant C and other Defendants are residing in the instant building from March 5, 1993.
C. On January 22, 2008, the Plaintiff was declared incompetent as the mother of the legal guardian at the Family Branch of the Gwangju District Court’s Family Branch, and H died on March 7, 2012, and B was appointed as the legal guardian.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s building of this case was owned by the Plaintiff’s father G and owned by the Plaintiff. The Plaintiff allowed the Defendants to reside free of charge, but the period required for the use of and profit from the building has expired, and thus, the Plaintiff’s return is sought based on the ownership.
The Defendants, as they knew that they did not have the right to possess the instant land and buildings, did not complete the prescription for acquisition of possession, since they possessed the instant land and buildings with the knowledge of the fact.
B. The Defendant’s land and buildings in this case are owned and managed by G, and only the name of the Plaintiff was harmed, and the Defendant C donated the land and buildings in this case from G around March 1993.
Even if not, Defendant C occupied the land and buildings of this case in peace and openly and openly for at least 20 years and completed the prescription of possession.
Therefore, the Plaintiff’s request for delivery of the instant building is without merit, and the Plaintiff is obligated to complete the registration of ownership transfer on the instant building and land to Defendant C.
3. Determination
A. The Plaintiff asserts that the instant building was owned by the Plaintiff, and that the instant building was purchased by the network G, and that it was accordingly.