토지인도
1. The plaintiffs' claims against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The Plaintiff, the owner of the instant land, and G, were the owners of the Seocho-gu Seoul Metropolitan Government H-426 square meters adjacent to the instant land (hereinafter “Adjoining land”).
B. G built a building on a neighboring land around 1990 and installed a major fence.
C. (1) (1) Plaintiff A filed a lawsuit against Plaintiff A seeking the registration of transfer of ownership on the land at which the instant wall was installed against G, and G illegally occupied 45 square meters of the instant land. As such, Plaintiff A filed a counterclaim against Plaintiff A seeking the registration of transfer of ownership on the ground of the completion of prescriptive prescription for the land at which the instant wall was installed.
(2) As a result of the survey and appraisal conducted in the previous suit, the appraiser I submitted the attached appraisal map, and the key land is the land in this case, which is the land in which the area of the land cadastre is 425 square meters or the area of the land cadastral map is 384 square meters and the area of the land cadastral map is 384 square meters.
(3) On April 5, 2011, the court of the prior suit withdrawn the principal claim and the counterclaim. The grounds for each lawsuit are as follows: “The boundary of the land in the instant case (the instant land) does not coincide with the cadastral map and thus requires a boundary restoration survey, but it was deemed difficult to conduct the survey for a considerable period of time in the future” (hereinafter “the instant decision of recommending reconciliation”); and the instant decision of recommending reconciliation was finalized on April 28, 201.
On the other hand, on January 12, 201, Plaintiff B donated 1/2 shares of the instant land from Plaintiff A and completed the registration of ownership transfer on January 17, 201.
The Defendants, on April 28, 2016, donated the adjacent land and the above-ground buildings containing the major issues related thereto from G, and on May 11, 2016, respectively, 1/3 shares.