시설물철거 및 토지인도
1. The part of the judgment of the first instance is revoked, and the plaintiff (Counterclaim defendant)'s claim on the merits is dismissed.
2.In the trial, the trial shall be held.
1. Basic facts
A. On January 15, 2014, the Plaintiff completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under Article 1210 of the Changwon District Court’s receipt of the title transfer registration (hereinafter “instant ownership transfer registration”) with respect to the instant land on the grounds of sale and purchase from H on January 15, 2014.
B. The Defendant, around 193, installed a part of 35.72 square meters of the instant land on the part of the instant land, which was connected with each point of the table Nos. 1, 2, 3, 4, and 1 in sequence on the instant land, and owned it until now.
C. Meanwhile, the following are the details of changes in the registry on the instant land.
1) Five persons, including F, etc., completed the registration of ownership transfer for the reason of property inheritance from the network E on July 1, 1992 on February 5, 198, and F, the president of the network E, completed the registration of ownership change on April 23, 2008 on the ground of inheritance due to consultation and division on April 21, 2008. (2) On May 29, 2013, 2013, H, the former owner of the instant land, completed the registration of ownership transfer for the reason of sale on May 27, 2013.
[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 5 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion that the Defendant established and owned the instant farmland on the instant land without any title. As such, the Plaintiff, the owner of the instant land, is obligated to remove the instant farmland and deliver the instant land to the Plaintiff. From January 15, 2014, remove the instant farmland and deliver the instant land to the Plaintiff, or pay KRW 161,667 each month until the Plaintiff lost its ownership.
B. The decision of this court is based on the premise that the Plaintiff is the landowner of this case, seeking the transfer of land, the removal of buildings, and the return of unjust enrichment, and it is deemed that the Plaintiff has the ownership
The above facts and grounds are set forth in Section 6 to Section 6.