토지인도
1. A ship which connects each point of the attached Form No. 1, 2, 3, 9, 10, 11, and 1 among the area of 44 square meters in Seosan-si, Seosan-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 20, 2008, the Plaintiff purchased 605 square meters from E, in order to build a new building. In order to secure a road as prescribed by the Building Act and subordinate statutes, on October 7, 2008, the Plaintiff purchased 605 square meters from E, which is a public road, the instant land was evenly divided into G roads and currently being used as a public road, such as the annexed drawing.
B. After the division, the Plaintiff newly constructed an aggregate building [the instant aggregate building] on the land of 561 square meters in Seosan-si, the Fluxing concrete structure (refinite concrete structure), the first floor underground floor, the fifth-class neighborhood living facilities on the ground, and the fifth-class neighborhood living facilities (hereinafter “instant aggregate building”) and completed the registration of initial ownership on December 18, 2009 with respect to the instant aggregate building (including F.561 square meters in Seosan-si after the division, was incorporated into a site).
C. On October 21, 2010, the Plaintiff entered into a sales contract with the Defendants on the instant aggregate building. On January 21, 2011, with respect to the Defendants’ joint ownership (each 1/2 equity), 201 and 301 on January 21, 201, the Defendants completed the registration of ownership transfer in the future of Defendant B, 401 and 501, respectively. The Defendants are operating each hospital in the instant aggregate building.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, 4, 7, 9, 10, 11, and 12 (including paper numbers), the result of the on-site inspection conducted by this court, the result of the appraiser H's survey and appraisal conducted by the appraiser H (except for the part rejected by the latter), the fact inquiry conducted on the Seosan market, the purport of the whole pleadings and arguments.
2. Determination on the main claim
A. The Plaintiff’s assertion without any title uses the instant land as a parking lot for occupants or customers of the instant aggregate building beyond using it as a passage of the instant aggregate building without any title. As such, the Defendants deliver the instant land to the Plaintiff, and jointly share it from February 1, 201.