건물철거 및 토지인도등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the area of 423 square meters in Kimhae-si, the annexed drawing ①, ②, ③, and ③.
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. The Plaintiff paid the sale price on April 4, 201 and completed the registration of ownership transfer on April 8, 201, upon receiving a decision to permit sale with respect to the land of 423 square meters (hereinafter “instant land”) in the Changwon District Court D Real Estate Auction Procedure (hereinafter “instant auction procedure”).
B. The Defendant is the owner who completed the registration of ownership transfer on August 29, 1981 with respect to the E-gi-si 383 square meters adjacent to the instant land (hereinafter “Defendant’s land”).
C. At around 2002, the Defendant newly constructed the parking lot of reinforced concrete structure and the house of two septic slab roof (hereinafter “Defendant’s building”) on the Defendant’s land, and completed the registration of ownership preservation on September 9, 2002.
On the instant land, a fence is installed in the line that connects the points of 1, 8, and 7 indicated in the attached Form No. 1, 7, 9, 10, and each point of 1, 8, 7, 9, 10, and 1. The Defendant occupies and uses the “B” portion of 87 square meters in sequence.
The defendant building is constructed on the ground of "C" section connecting each point of the attached Form No. 1, (2), (3), (4), (5), (6), and (1). Among them, the area of the part on the ship connected with each point is 42 square meters.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 1, 2, 4, and 5 (including serial numbers), the result of the appraisal commission to the Korea Cadastral Maritime Corporation's branch and the fact inquiry result, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion acquired the ownership of the instant land on April 4, 201, and the Defendant without title possessed the portion of “B” out of the instant land. As such, the Defendant removed the instant building and delivers the land to the Plaintiff, and the Defendant is the Defendant’s possession area of KRW 150,000 per month from April 4, 201 to the date of the removal of the building and the completion of delivery of the land.