건물철거 및 토지인도
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 4, 2007, the Plaintiff’s registration of preservation of ownership is specified below the parcel number of 168 square meters for D forest land at Ansan-si (hereinafter “the Plaintiff’s registration of preservation of ownership”).
As to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).
(A) A letter of guarantee jointly signed by K, L, and M (as referred to in Category A(10), hereinafter referred to as “instant letter of guarantee”).
(2) The registration of initial ownership in the name of the Plaintiff (hereinafter referred to as the “registration of initial ownership”) shall be filed.
2) On December 25, 1979, the instant guarantee document states that the Plaintiff is jointly and severally liable to guarantee that the Plaintiff purchased J-based 370 square meters and D-based 168 square meters and is currently owned, from N on December 25, 1979.
B. The Plaintiff: (a) filed a related lawsuit; (b) a merger of land; and (c) the division of land; (b) the Plaintiff filed a lawsuit against E, in sequence, each point of the attached Table 2, among the attached Table 24, 41, 45, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 24 square meters of land owned by E in the vicinity of the said D forest and field; and (c) the part on the part of 442 square meters of land owned by the Plaintiff (hereinafter “the part on the completion of the prescription for acquisition of possession of the instant case”).
(2) On January 11, 201, 201, the instant appellate court ( Daegu District Court 2010Na15736, 2010Na15743 (Counterclaim)) rendered a favorable judgment on the ground of the completion of the prescriptive acquisition on March 1, 201, and the said judgment became final and conclusive on April 14, 201, and became final and conclusive on July 4, 201, in accordance with the foregoing final and conclusive judgment, the part on the completion of the prescriptive acquisition of the instant possession was combined with D forest land of 168 square meters, and became 610 square meters of D forest land. This was divided into G forest forest of 623 square meters on January 17, 2013, G forest of 161 square meters and C 462 square meters (hereinafter “instant land”).
C. The defendant's building construction and the possession of part of the land of this case are 18 square meters or more on the land of this case, which connected each point of attached Table 1 appraisal No. 24, 25, 26, 27, 30, 24 on the land of this case.