용지보상 대상자지위확인 등
1. As to the Defendant (Counterclaim Plaintiff)’s share of 109/126 square meters in the maintenance of 2,526 square meters in the Jeonsung-gun, Jeonsung-gun, and the Plaintiff (Counterclaim Defendant)’s share.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination as to the cause of the principal claim
(a) The following facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence 1-1-2, Gap evidence 2-4, Eul evidence 4-6, and Eul evidence 8, by integrating the whole purport of the pleadings:
1) On December 20, 1957, the area of 4,338 square meters in Jeonsung-gun, Jeonsung-gun is divided into the area of 1812 square meters in Jeonsung-gun and the area of 2,526 square meters in Jeonsung-gun, Jeonsung-gun. Among them, the area of 2,526 square meters in Jeonsung-gun, Jeonsung-gun, Jeonsung-gun is the area of 2,526 square meters in the area of 2,526 square meters in the area of 2,526 square meters in the area of Jeonsung-gun, Jeonsung-gun, Jeon
2) On April 28, 194, the land category of this case was changed. Around December 5, 1947, the F died and succeeded to the property of family heir G, and G succeeded to the said property on May 6, 1981 by the Plaintiffs, I, J, K, L, L, and M, etc., who were the wife and children, and the inheritance shares were succeeded to by the Plaintiffs and I, J, K, K, L, M, etc. due to the death of H thereafter.
3) Since August 13, 2012, the inheritance registration of G name and registration of H’s inheritance shares was omitted with respect to the instant land, and the inheritance registration of the Plaintiffs, I, J, K, L, and M (Plaintiffs, I, J, J, L, M: 17/126 shares, K: 24/126 shares, and K: 24/126 shares) was completed. On September 13, 2012, the next month thereafter, the remaining successors except the Plaintiffs (hereinafter referred to as “orir successors”).
The registration of ownership transfer in the Plaintiff A’s name was completed on September 12, 2012 with respect to each of the respective inheritance shares 92/126 shares on September 12, 2012. 4) The Defendant currently occupies the said shares by leasing the instant land to N for cultivation.
B. According to the above facts of recognition, the defendant is obligated to deliver the land of this case to the plaintiffs presumed as co-owners of the land of this case, unless there are special circumstances.
2. Determination on the defendant's defense and the ground for counterclaim
A. The gist of the defendant's assertion.