토지인도
1. The defendant points out of the land listed in the attached Table No. 1 of the attached Table No. 1, 2, 8, 9, 10, 7, and 1.
1. Determination as to the cause of claim
A. 1) On October 6, 2014, the Plaintiff purchased the land indicated in paragraph (1) of the Attached List from C and completed the registration of ownership transfer on February 23, 2015. 2) The Defendant completed the registration of ownership transfer on December 26, 1990 as to the building listed in paragraph (2) of the Attached List (hereinafter “instant building”).
3) Most of the instant building is located in the area of 67 square meters owned by the Defendant, but part of the instant building is located in the land indicated in attached Table No. 1 owned by the Plaintiff. Specifically, part of the instant building is located in the land indicated in attached Table No. 1, 2, 8, 9, 10, 7, and 1 of the land indicated in attached Table No. 1 among the land listed in attached Table No. 1 of the attached Table No. 1. 2, 2, 8, 9, 10, and 7
(i) be located in the court. [The fact that there is no dispute over the grounds for recognition, entry of Gap evidence 1-1-3, and the result of the commission of appraisal to appraiser E by this court, the purport of the whole pleadings.
B. According to the above facts of recognition, the defendant owned the building of this case and possessed the land of this case owned by the plaintiff. Thus, the defendant is obligated to remove the part of the land of this case among the buildings of this case and deliver the land of this case to the plaintiff, unless there are special circumstances.
2. Judgment on the defendant's defense, etc.
A. The Defendant asserted to the effect that the prescriptive acquisition of the instant dispute land was completed by occupying the instant dispute land for at least 20 years through the ownership of the instant building. As to this, the Plaintiff asserted that the Defendant cannot claim for the completion of the prescriptive acquisition as to the land indicated in attached Table No. 1, including the instant dispute land, after the Defendant’s prescriptive acquisition completed the registration of ownership transfer, since the Plaintiff completed the registration of ownership transfer.
A person who possesses real estate in peace and openly and openly with the intention of possession for 20 years, shall acquire the ownership by registering.
Article 245 of the Civil Code.