건물철거 및 토지인도
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall:
(a) Gyeongnam-gun;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 1, 1917, 1917, the Defendant’s Sibertered D (Death around 1960) was under the circumstances of the 444 square meters (hereinafter “pre-divisiond land”).
Since July 28, 194, the registration of ownership transfer in the name of the deceased D was completed on the land before subdivision, and on December 22, 1943, the registration of ownership transfer was completed in the name of the deceased F (Death on June 19, 197) who was the father of the plaintiff on the ground of sale.
B. On March 2, 1950, the network D purchased half of the land before subdivision, which was sold to the networkF. On November 10, 1960, the land before subdivision was divided into 222 and 322: (a) on November 10, 1960, the land before subdivision was changed to the site; (b) the land category was changed to the site; and (c) the land category was 222 square meters in G-gun, Gyeong-gun, Seoul (hereinafter “G land”); and (d) the said C-C-22 square meters in total was the instant land.
C. Since June 30, 1965 with respect to G land, the registration of ownership transfer was completed in the name of the deceased H (the deceased on January 8, 2004), which is the husband of the Defendant, who was the deceased children of the network D on June 30, 1965, and the registration of ownership transfer was completed on April 27, 2004 on the ground of inheritance by consultation and division, which was after the death of the network H.
As to the land of this case, on May 3, 2007, after the deceased on June 19, 1997, the registration of transfer of ownership in the name of the plaintiff was completed on the ground of inheritance through consultation and division. D.
이 사건 토지 지상에는 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 차례로 연결한 선내 (가) 부분 지상 블록조 철기와지붕 단층주택 67㎡ 및 같은 도면 표시 ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ, 7, ㅍ, ㅎ, ㅁ의 각 점을 차례로 연결한 선내 (나) 부분 블록조 스레이트지붕 단층 창고 50㎡가 지어져 있다.
The above house and warehouse (hereinafter collectively referred to as the “instant building”) were an unauthorized building constructed by the network D, and the deceased H succeeded to the instant building after the network D died, and the Defendant inherited the building after the network H died.