토지인도
1. The defendant shall be the plaintiff.
A. Of the land listed in the attached Form 1, the Attached Form 2 Map 32, 33, 4, 5, 35, 34, 20, 19, 18, 17, 16, 15.
1. According to the records in Gap evidence Nos. 1 through 5, the results of the survey and appraisal by appraiser C, and the purport of the whole pleadings, the land listed in the attached Table No. 1 (hereinafter "the plaintiff's land") is the land registered as the land subject to the site ownership of reinforced concrete building, the 7th floor, officetels and neighborhood living facilities (the management body of the plaintiff), which are an aggregate building on November 30, 2004. Meanwhile, on the land attached to the plaintiff's land, Yongsan-gu Seoul, Yongsan-gu, Seoul, which is attached to the plaintiff's land, the building was newly constructed and the building was transferred successively after the preservation registration was registered under the name of landscaping on June 20, 194, and the ownership transfer registration was completed under the defendant's name on December 2, 2013 (hereinafter "the above building"). However, as described in the attached Table No. 2, it can be acknowledged that the defendant's building was built by erosion of the part (b) and (c) part among the plaintiff's land.
2. Determination
A. Therefore, the Defendant is obligated to remove the building corresponding to the above bed part and deliver the part of the building to deliver the land and pay unjust enrichment equivalent to the rent of the land.
B. As to the defendant's defense of the acquisition by prescription, since 20 years have passed since the construction of the defendant's building on June 1994, the defendant asserted that the acquisition by prescription for the above part of the crime was completed for 20 years on June 2014. However, the plaintiff's land is the land which is the object of the right to the site of an aggregate building, and the joint ownership of the building of an aggregate building cannot be subject to the acquisition by prescription for the acquisition by prescription (see Supreme Court Decision 2011Da7820,78217, Dec. 12, 2013). Article 20 (Indivisibility of Section 20 and Right to Use Site) of the Act on the Ownership and Management of Aggregate Buildings provides that ① The right to the use of site of each sectional owner is subject to the disposal of his/her exclusive ownership, and ② the sectional owner cannot dispose of the right to the site separately from his/her exclusive ownership except as otherwise provided by the regulations.