토지인도 등
1.The part of the judgment of the court of first instance against the principal claim shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 8, 1969, the registration of ownership transfer was completed in the name of C, which is the Plaintiff’s father, and on October 11, 2004, the registration of ownership transfer was completed on the ground of the donation on October 4, 2004 in the name of the Plaintiff (hereinafter “instant donation contract”).
B. Around September 8, 1981, on the ground of 157 square meters (hereinafter “non-case land”) adjacent to the instant land, Seosan-si, Seosan-si, the 157 square meters (hereinafter “the instant housing”) was constructed. The Defendant purchased the instant land and the instant housing on October 6, 1981, and completed the registration of ownership transfer with respect to the instant land and the instant housing in the name of each Defendant.
C. On May 11, 1994, the Seosan City notified the Defendant of the fact that the boundary in the cadastral map and the local boundary of the land outside the case owned by the Defendant are inconsistent with the cadastral map as a result of the cadastral survey, and the cadastral record was adjusted into the land subject to correction of the registered matters, and thus, notified the Defendant of the application for correction of the registered matters. On January 20, 1995, the cadastral record of the instant land was adjusted into the land subject to correction of the registered matters.
The instant housing is constructed with a 15 square meters section 15 square meters, which connects each point of Annex 1, 2, 3, 4, and 1 among the instant land in sequence. On the line that connects each point of Annex 15, 5, 6, 8, and 7, the fence installed by the Defendant was installed by the Defendant, and within 43 square meters, which connect each point of Annex 5, 13, 14, 9, 9, 6, and 5, which are marked as the above drawings, are six wooden trees planted by the Defendant, and the area of 5 square meters, which connects each point of Annex 7, 8, 9, 10, 11, and 7, which are marked as the above drawings, is located in the part of 5 square meters in the ship.
E. From October 10, 1981, the Defendant owned the instant house and installed a wall on the ground of the instant land, and planted trees, etc.