소유권이전등기
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) For KRW 20,200,500 and its KRW 15,000,000 among them, < Amended by Act No. 11613, Mar. 2, 2013>
A principal lawsuit and a counterclaim shall be deemed to be combined together.
1. Basic facts
A. On February 25, 1948, the registration of transfer of ownership in the name of the network G was completed with respect to FY 343 square meters in Nam-gu E (the name of the administrative district is to be expressed as at the time of the closing of the argument in this case) and the land was divided into FY 283 square meters in Nam-gu, Nam-gu and H 60 square meters in August 25, 1970. < Amended by Act No. 2838, Aug. 25, 1970>
B. On August 22, 2002, Nam-gu, Mapo-si was divided into the land listed in the separate sheet, and the registration of subdivision was completed on February 11, 2008.
(hereinafter referred to as the “instant land” and, in addition, when the land located in Nam-gu I-dong is referred to as the “instant land”, the parcel number shall be specified only.
The deceased G died on October 24, 1958, and on November 20, 2012, the registration of ownership transfer in the name of the Defendants was completed on October 24, 1958 with respect to each of the instant shares of 1/4 of the instant land on October 20, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings
2. The assertion;
A. On August 25, 1970, the Plaintiff asserted that the instant land was incorporated into a J main road and started construction around that time, and began to occupy the instant land in a peaceful manner with the intent to own the instant land by providing it to the public for traffic from that time, and the prescriptive prescription for the instant land has been completed after 20 years have elapsed since the Plaintiff’s claim was completed, the Defendants are obliged to implement the procedure for ownership transfer registration for the instant land upon the request of the principal lawsuit.
B. Since the Plaintiff’s assertion by the Defendants occupied the land of this case owned by the Defendants without permission, the Defendants cannot respond to the Plaintiff’s claim of this case. Rather, upon the Plaintiff’s counterclaim claim, the Plaintiff is obligated to return unjust enrichment to the Defendants.
3. Determination
A. Of the instant land, the Plaintiff possessed.