토지인도 등
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 1 among the 148.8 square meters of the entire city of Jeonsan-gu, Jeoncheon-gu, Seoul, with the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On October 21, 197, the Plaintiff purchased a building of 148.8 square meters (hereinafter “the Plaintiff’s land in this case”) from Nonparty E, the Plaintiff newly built a house on the land in this case since the completion of the registration of ownership transfer on December 31, 1977, and owned it up to now. On June 11, 2010, the Defendant purchased a building of 171.9 square meters and above 3-story buildings (hereinafter “the Plaintiff’s land and building in this case”) from Nonparty E, the Plaintiff purchased a building of 171.9 square meters and above 3-story buildings (hereinafter “the Plaintiff’s land and building in this case”) adjacent to the Plaintiff’s land in this case, and completed the registration of ownership transfer on July 15, 2010.
B. The boundary of each land owned by the Plaintiff and the Defendant was installed with cement brick fences owned by the Defendant, and part of the said fence was affected by the Plaintiff’s land.
The part of the above bed, among the Plaintiff’s land in this case, is 6.5 square meters inboard (B) that connects each point of the sequence 1, 10, 11, 8, 9, and 1 in sequence among the land in this case (hereinafter “instant fence and land in dispute”; on the other hand, one part of the above drawing (C), which is a single fung tree owned by the Defendant (hereinafter “instant single fung tree”).
C. As a result of the survey on the Plaintiff’s land, when the Plaintiff became aware of the fact that the instant wall and the instant tree owned by the Defendant was installed and planted by breaking his/her own land, the Plaintiff requested the Defendant to remove the instant wall and the instant land through the content-certified mail on May 26, 2014.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 15, the result of the on-site inspection by this court, the result of the commission of surveying and appraisal by the former branch of the Korea Land Information Corporation, the purport of the entire pleadings
2. Determination on the principal lawsuit and counterclaim
A. According to the above facts of recognition as to the cause of the principal claim, the Defendant removed the fence of this case to the Plaintiff, barring special circumstances.