건물철거등
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the real estate listed in the separate sheet, the indication of the separate sheet No. 8,9,10. 10.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff is the owner of D 162 square meters (the same as the real estate indicated in the attached Form list; hereinafter referred to as "D land") in Jeonbuk-gun, Chungcheongnam-gun.
The Defendant is the owner of 423 square meters in Jeon Chang-gun, Jeon Chang-gun (hereinafter referred to as "E land").
D There is a size of 109 square meters (hereinafter referred to as "F land") between the land and the land E, which is the 109 square meters of the Gyeongwon-gun, Chungcheongnam-gun.
There are warehouses owned by the Defendant (hereinafter “instant warehouse”) on the F land and E land, and on the ground of D land, the portion of the D land covered by the warehouse of this case is 15 square meters in the ship connected in order to each point of the attached Form 8, 9, 10, 7, and 8.
[Grounds for recognition] According to the facts without dispute, Gap 1 through 3, Eul 5, Eul 1, Eul 1, Eul 1, Eul 1, Eul 11 (including numbers; hereinafter the same shall apply) or images, the court's entrustment of appraisal to the senior branch office of the Korea Land Information Corporation in the Republic of Korea to the plaintiff who exercises the right to claim the removal of interference based on ownership of D land, barring special circumstances, the defendant has a duty to remove a warehouse on the ground of 15 square meters of the annexed drawing among D land connected in order to the plaintiff who exercises the right to claim the removal of interference based on ownership of D land, and remove a warehouse on the ground of 15 square meters of the annexed drawing among D land connected in order to each point of 8,9,10, 7, and 8, and to deliver the "15 square meters of" portion" (hereinafter referred to as " part "1").
The defendant's assertion as to the defendant's defense and counterclaim is that the defendant's argument was completed by occupying for not less than 20 years as the site of the warehouse, etc. of this case and occupying for not less than 20 years the portion "A" as the intention of ownership. Thus, the plaintiff's claim of this case is improper. Rather, the plaintiff is obliged to implement the procedure for ownership transfer registration for the completion
According to the relevant legal principles and Article 197(1) of the Civil Act, the possessor of an article is the owner's intention.