토지인도 등
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.
1. Basic facts
A. On July 31, 2008, the registration of transfer of ownership was completed in the name of D, the father of the Plaintiff, on July 31, 2008, with respect to the land of 2,666 square meters (hereinafter “instant land”). On February 14, 2012, D deceased on June 15, 2012, the registration of transfer of ownership was completed in the name of the Plaintiff on the ground of inheritance due to an agreement division.
B. As of the date of closing argument in the trial, the Defendant, who is the owner of 2,370 square meters (hereinafter “E land”) near the instant land, is occupying 1,2,33,4,13, 14, 15, 16, 17, 18, 19, 20, and 121 square meters on the ground of the part 121 square meters in the “bbbbb” inside the instant land (hereinafter “instant land”).
C. The rent for the instant disputing land is KRW 940,080,080 from July 31, 2008 to July 30, 2014; and KRW 15,440,00 per month from July 31, 2014 to September 26, 2014.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 7, 10 (including the number of branch offices), Eul evidence Nos. 4 and 5, the result of each appraisal conducted by the first instance appraiser F and G, the purport of the whole pleadings
2. In addition to the facts acknowledged prior to the determination of the grounds for the principal claim, the facts that the Defendant occupied the land in this case from July 31, 2008 to July 30, 2014 are the Defendant, and the rent for the land in this case after September 26, 2014 is confirmed to have also been KRW 15,40 per month. Thus, the Defendant is obligated to collect nine percent of the trees in this case to the Plaintiff, who is the owner of the land in this case and the heir of D, on the land in this case, who is the owner of the land in this case and the heir of D, and deliver the said part of the land in this case, and pay the amount calculated by the ratio of KRW 940,080 from July 31, 2008 to July 30, 2014 to the completion date of the delivery of the land in this case.
3. The defendant's defense as to the cause of the main claim and the defendant's defense.