토지인도
The Plaintiff (Counterclaim Defendant)’s claim against the Defendant (Counterclaim Plaintiff) B and Defendant C is dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts are acknowledged when there is no dispute between the parties to the facts of recognition, or when Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 10, the results of the on-site inspection by this court, the results of the survey and appraisal by appraiser E, the witness F's testimony, taking into account the overall purport
A. Of the 19,041 square meters of D Forest land in Chungcheongnam-gun, Gyeongnam-gun, Gyeongnam-do, the portion of 780 square meters in the ship (A) connected each point of 32,33,34,35, 25, 31, 36, 37, 38, 39, 40, and 32 in order to each point of 32, 33, 34, 35, 36, 37, 38, 39, 40 square meters (hereinafter “the land in this case”) was originally a dry field owned by Dong residents who were residents of the Gyeong-gun-gun, Gyeongnam-do, and the ownership transfer was transferred to Nonparty I, a village resident on March 5, 1939, which was completed on September 20, 194 by the Plaintiff on September 22, 193 pursuant to Act No. 4502 (No. 1984, Apr. 1, 1995).
B. On March 25, 1966, the Defendants’ father Nonparty Mad Co., Ltd. (hereinafter referred to as “the network”) purchased 12,000 won of the dispute of this case from Gyeongnam-gun, Gyeongnam-gun (H, K, L, I, and M), the former owner of Gyeongnam-gun (H, K, L, I, and M). From that time, he occupied the dispute of this case by planting mulberry trees. From around 1975, he occupied it by planting and growing mulberry trees. From around 1975, he collected mulberry trees in part and planted and planted it in part, and died on May 13, 1993. < Amended by Act No. 4545, May 13, 1993>
C. After the death of the deceased, on May 18, 1993, Defendant B created a grave of the deceased. The non-party N, the wife of the deceased, succeeded to the possession of the deceased, thus collecting part of night trees and cultivating sacrines, such as a shoulder, bean, sa, sat, and swine pots, in part. On May 11, 2007, at the request of Defendant B, the land in this case was divided into 853 square meters of the same O forest (a larger than the above 780 square meters) and divided the remaining 18,18 square meters into the above D forest.