건물철거및토지인도청구의소
1. The judgment of the first instance is revoked, and the plaintiff's main claim is dismissed;
2. An objection to the trial;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 14, 1930, the net G completed the registration of ownership transfer with respect to H 72 square meters in Yongsan-gu, Changwon-si (hereinafter “Before subdivision”). The land before subdivision was divided into one of 50 square meters in Changwon-si, Changwon-si, Changwon-si, and one of 50 square meters in JJ, and one of 139 square meters in C large 139 square meters in size. Around November 30, 1970, the land before subdivision was divided into the instant land and the two-six-six-six square meters in size. < Amended by Presidential Decree No. 17458, Jun. 17, 2002>
B. As to the instant land, on December 31, 1976, the registration of transfer of ownership based on the deceased G’s over-the-Nam net L was completed, and on May 6, 1982, the Plaintiff completed the registration of transfer of ownership based on the deceased G’s over-the-magir (the third-mah’s children)’s donation.
C. The Defendant owned the instant land by owning each of 17 square meters of the instant land (hereinafter “each of the instant buildings”) on the part of the ground toilet and warehouse connected with each of the points listed in the attached Table 18, 4, 5, 6, 15, 16, 17, and 18 among the instant land, and owned the instant land by holding each of 14, 7, 8, 12, 13, and 14 square meters of the instant land connected with each of the said points described in the same appraisal map.
[Ground of recognition] Gap evidence Nos. 1, 2, 4, 11, 12, Eul evidence and images Nos. 3, 5 through 8, the result of the measurement and appraisal entrustment to the Korea Cadastral Corporation by the court of first instance, the purport of the whole pleadings
2. Determination as to the principal lawsuit and the counterclaim
A. According to the above facts of determination as to the cause of the principal claim, the Plaintiff, as the owner of each of the instant land, may claim the Defendant to remove and return interference with the Plaintiff who owns each of the instant land. Thus, barring special circumstances, the Defendant is obligated to remove each of the instant buildings and deliver the instant land to the Plaintiff, barring special circumstances.
B. On January 12, 1945, the Defendant asserted that the Defendant’s defense and the causes of counterclaim are determined as to the Defendant’s defense and the causes of counterclaim. Around January 12, 1945, the Defendant purchased the instant land from G and occupied it.