토지인도
1. The plaintiff (Counterclaim defendant)'s primary principal claim against the defendant (Counterclaim plaintiff) B and the defendant C and the conjunctive principal claim.
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. At present, the Plaintiff currently owns 2,230 square meters in Jeonyang-gun E (hereinafter referred to as “instant land owned by the Plaintiff”) and the Defendant (Counterclaim Plaintiff) owns 1,847 square meters adjacent to the said land (hereinafter referred to as “the instant land owned by the Defendant”).
B. The Plaintiff asserts that among the land owned by the Defendant in this case, the portion of (ii) part 109 square meters in the ship (hereinafter referred to as “the portion of (ii) land”) connected each point of the attached Table 8, 14, 19, 18, 9, and 8, among the land owned by the Defendant, is owned by the Plaintiff, by asserting that it is its own ownership.
[Reasons for Recognition] 1-1 and 2-2 of evidence A, the result of the on-site verification by this court, the result of the appraiser F's survey and appraisal, the whole purport of the pleading
2. Determination on the main claim
A. 1) With respect to the primary claim, the Plaintiff filed a claim for the delivery of the pertinent land by asserting that the portion of 30 square meters in the ship (A) connected with each of the items in the cadastral map No. 1, 2, 3, 4, and 1 among the land owned by the Plaintiff in this case was possessed while Defendant B and Defendant C cultivated, and filed a claim for the return of unjust enrichment equivalent to the rent during the occupation period due to unauthorized occupation. 2) On the other hand, there is no evidence to acknowledge the fact that the Defendants occupied or occupied the portion of 30 square meters in the ship (A) connected each of the items in the attached cadastral map No. 1, 2, 3, 4, and 1 among the land owned by the Plaintiff in this case, among the land owned by the Plaintiff in this case.
Rather, according to the result of this court’s on-site inspection, the result of appraiser F’s survey and appraisal, and the entire purport of pleading, it can only be recognized that any part of the land owned by the Plaintiff is not occupied by the Defendants.
Therefore, the primary claim based on the premise that the Defendants occupied or occupied the land owned by the Plaintiff is without merit.
(b)one preliminary claim.