beta
(영문) 대구지방법원상주지원 2014.12.10 2014가단368

토지인도

Text

1. The defendant shall be the plaintiff.

(a) deliver 466 square meters in Gyeongcheon-gun, Chungcheongnamcheon-gun, Gyeongcheon-gun;

B. From March 14, 2014, KRW 159,167 and the above A.

Reasons

1. Facts of recognition;

A. A. On November 25, 1953, the network D was abandoned from the State around 25, 1953, Dacheon-gun, Yancheon-gun (hereinafter “instant land”).

On March 5, 2013, the registration of transfer of ownership was completed in the name of 13 persons, including the Plaintiff, etc., who is the heir of the network D, from the State on the land of this case on November 25, 1953.

After all, some co-owners donate their co-ownership shares in the instant land to E and completed the registration of transfer of shares in the name of E on March 14, 2014.

At present, co-owners of the instant land are plaintiffs (665,280/1,940,400 shares), E (713,712/1,940,400 shares), F (140,352/1,940,40 shares), G (140,352/1,940,400 shares), H (140,352/1,940,400 shares), I (140,352/1,940,40 shares), and I (140,352/1,940,400 shares).

On the other hand, around May 8, 2014, E transferred the Plaintiff the right to claim restitution of unjust enrichment with respect to his share in the instant land to the Plaintiff, and around that time, E reached the Defendant.

B. The Defendant cultivated and occupies the instant land as dry field.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5 through 8, 11, and the purport of the whole pleadings

2. Determination on the delivery of land and the claim for restitution of unjust enrichment

A. According to the above facts, the defendant is obligated to deliver the land of this case to the plaintiff as co-owner of the land of this case, and the part corresponding to the plaintiff's co-ownership is obligated to return unjust enrichment from the possession of the land of this case.

B. On February 10, 1976, the Defendant asserted that the Defendant did not have any obligation to comply with the Plaintiff’s request for the transfer of land and the claim for return of unjust enrichment since he occupied the instant land in peace and openly and for twenty (20) years from the point of February 10, 1996, and the acquisition by prescription was completed on or around February 10, 1996. 2) In full view of the overall purport of the pleadings in the witness G’s testimony, the Defendant sold the instant land to G around October 25, 1965 at the time of the deceased D’s survival, and G sold the instant land to G on or around December 20, 1970.