토지인도
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Following the counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. As to the Defendant’s land, Yongsan-gu Seoul Metropolitan Government D-gu 112 square meters (hereinafter “Defendant’s land”), the registration of ownership transfer was completed on September 1968 under the name of Nonparty Dong E (hereinafter “the deceased”). On November 17, 1993, the deceased newly constructed a multi-household house on the said land and completed the registration of preservation in the deceased’s name on February 1, 1994.
After that, in 2010 after the death of the deceased, the ownership transfer registration based on the legacy was made in the name of F, a child of the deceased, in the name of the deceased, and on December 27, 2017, the ownership transfer registration based on the sale was made under the name of the defendant.
B. On January 17, 1994, the owner of Yongsan-gu Seoul Metropolitan Government, which is attached to the Plaintiff’s land and attached to the Defendant’s land (hereinafter “Plaintiff’s land”) newly constructed a multi-family house on the said land and obtained approval for use. On December 14, 1994, the ownership transfer registration for the said land and building was made on the ground of sale in the Plaintiff’s name.
C. A fence is installed on the line that connects 6 and 7 points in the annexed drawing of the land, and the site for the Defendant’s building is a state where the land for the Defendant’s building, which connects 1, 6, 7, and 1 points in the annexed drawing among the Plaintiff’s land, is a state where the part of “bb” in the ship is 2
[Reasons for Recognition] Each entry or video of Gap evidence 1 to 7, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff, as the principal lawsuit, seeks removal of the said fence and delivery of the Plaintiff’s land, which the Defendant invaded, of the part on the “2m2”.
In regard to this, the Defendant asserted that the prescription period for the acquisition of possession on November 17, 2013 with respect to the land of two square meters in the above "bbb" portion has expired, and sought a counter-performance of the procedure for the registration of transfer of ownership based on the completion of the prescription period for the said land.
B. Determination 1.