건물등철거
1. The Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 3, 4, 9, 8, 7, and 3 on the attached sheet No. 3, 4, 9, 8, 7, and 3 in the same year to the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff’s father network D completed the registration of ownership transfer on July 9, 1971 with respect to the 24m24m2 in East Sea, and thereafter, the Plaintiff completed the registration of ownership transfer on February 24, 196 due to the inheritance by agreement division.
B. On September 26, 1980, the Plaintiff newly constructed three-story stores on the E’s land in the East Sea and adjacent East Sea (hereinafter “instant stores”) and obtained approval for use on August 31, 1981, and completed registration of preservation of ownership on October 26, 1987.
C. Thereafter, the Plaintiff sold the instant store and site to F, and F purchased the instant store and E land on October 26, 1987 and completed the registration of ownership transfer. The Defendant purchased the instant store and E land from F on January 9, 2014, and completed the registration of ownership transfer.
The store of this case is located on the ground of part 14 square meters in the ship that connects 3, 4, 9, 8, 7, and 3 of the annexed drawing among the land in the East Sea in sequence and 4, 5, 10, 9, and 4 of the same drawing, which connects 3, 4, 9, 8, 7, and 3 of the annexed drawing among the land in the East Sea (hereinafter “instant land”).
[Reasons for Recognition] Gap evidence 1 to 5, Eul evidence 1 to 3, the result of the survey and appraisal of the Korea Land Corporation, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the principal claim, the Defendant is obligated to remove the ground buildings out of the instant land to the Plaintiff, the owner of the instant land, and deliver the instant land to the Plaintiff, and pay unjust enrichment from the rent party, barring special circumstances.
B. The Defendant’s assertion 1) The Defendant’s assertion as to the Defendant’s prescriptive defense and the Defendant’s counterclaim 1) was completed, and the Plaintiff’s claim as to the instant land was groundless, and the Plaintiff’s claim as to the instant land is alleged to be groundless, and the registration of ownership transfer based on the completion of prescriptive acquisition is sought as a counterclaim. 2)