토지인도
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 6, 7, 28, 27, and 27, among the land size of 1,458 square meters prior to Seosan-si, Seosan-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 14, 1987, the Defendant completed the registration of ownership transfer with respect to F forest land 165 square meters, G 245 square meters, H forest land 102 square meters, 3,894 square meters prior to the J, 3,223 square meters prior to the J, and 92 square meters of K forest land (hereinafter the above land collectively referred to as “Defendant’s land”).
On the other hand, in the land owned by the defendant, the defendant forms a farming house while operating a fish farm, and has the defendant's house on the land owned by the defendant.
B. On March 3, 2001, the Plaintiff completed the registration of ownership transfer with respect to the land of 1,458 square meters (hereinafter “instant land”) prior to Seosan-si, Seosan-si, and with respect to the land of 4,624 square meters prior to D on July 5, 2001 (hereinafter “instant land”) and E forest land of 918 square meters (hereinafter “instant E”).
C. In the cadastral map, the boundary of the instant land owned by the Plaintiff and the instant land D and E are roads (hereinafter “the instant previous road”) that can move to a road, which is a contribution to the land owned by the Defendant (hereinafter “instant previous road”), between the boundary of the instant land and the instant land and the instant land, and the boundary of the instant land and E are unclear.
On the other hand, the Defendant, instead of passing through the previous passage road of this case, opened a passage road on a part of 95 square meters in the “bb” portion of the land owned by the Defendant (hereinafter “instant passage road”) which connects each point of 6, 7, 28, 27, 26, 25, 10, 11, 24, 23, 22, 21, and 6 of the attached appraisal map among the land in this case, and uses it as a passage leading to entering a road from the land owned by the Defendant to a meritorious road.
[Ground of recognition] A without dispute, entry of Gap evidence 1 to 4, Eul evidence 1 and 3 (including additional numbers), the result of the on-site inspection by this court, the result of the appraiser L's survey and appraisal, the purport of the whole pleadings
2. According to the above facts of recognition as to the main claim, the defendant opened and occupied the passage road on the land of this case without title to the plaintiff.