토지인도
1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 9, 10, 11, 12, among the land size of 605 square meters in Hannam-gun, Hannam-gun, the Defendant (Counterclaim Plaintiff) to the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is the owner of 605 square meters (hereinafter “instant land”).
B. On September 13, 1984, the Defendant completed the registration of ownership transfer with respect to D large scale 159 square meters adjacent to the instant land (hereinafter “1 land”). On February 13, 1987, the Defendant completed the registration of ownership transfer with respect to D large scale 159 square meters adjacent to the instant land, and owned up to the present day after completing two-story neighborhood living facilities and housing with reinforced concrete structure built on the ground on the land on February 13, 1987.
C. On March 7, 191, the Defendant completed the registration of ownership transfer on the ground of inheritance by agreement division with respect to FF large scale 263 square meters adjacent to the instant land (hereinafter “second-party land”) on March 7, 191. G newly constructed on the ground of the second land with consent from E and completed the registration of ownership transfer on August 14, 1990 on cement block block structure 73.71 square meters (hereinafter “second-party building”) at one floor of cement block structure, the registration of ownership transfer was completed on June 1, 2006.
On the other hand, the part of the building No. 1 is constructed on the ground of the first part of the land in dispute among the land in this case, over the boundary of the land in this case and the land in this case. Part of the building No. 2 is constructed on the ground of the second part of the land in dispute among the land in this case, over the boundary of the land in this case.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 4 evidence, the result of on-site inspection by this court, the result of appraiser H's survey and appraisal, the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. According to the facts acknowledged prior to the determination as to the cause of the claim, the Defendant owned the building Nos. 1 and 2, and occupied the first and second parts of the dispute, thereby infringing on the Plaintiff’s ownership. Thus, barring any special circumstance, the Plaintiff, the owner of the land of this case, removed the first and second parts of the land in the dispute of this case, and deliver the part of the dispute of this case to the Plaintiff, who is the owner of the land of this case. The unjust enrichment due to the possession