토지인도
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Following the counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On January 27, 2011, the Plaintiff completed the registration of ownership transfer with respect to the area of 2,083 square meters of D forest land in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant forest”).
B. On September 24, 1980, E (the name on the register is “G,” and the Defendant’s representative is the Defendant’s representative) completed the registration of ownership transfer as to F Religious Site 5,533 square meters in Yeonsu-gu, Incheon (hereinafter “instant religious site”). A retaining wall was installed near the boundary line of the instant forest and forest where trees were located at the time of around 1993 and occupied the said retaining wall’s land and its inner part.
C. On January 26, 2010, E completed the registration of transfer of ownership for the instant religious site on the ground of donation on January 8, 2010. From that time, the Defendant succeeded to E’s possession of the above retaining wall site and its inside land along with the instant religious site until now.
Meanwhile, part of the retaining wall installed in around 1993 by E is located on the part of “A” connected with each point of the instant forest land in sequence of 7, 2, 3, 9, 8, and 7, beyond the boundary of the instant religious land, and is located on the part of 35 square meters in the instant forest (hereinafter “instant land”).
[Ground of recognition] A without dispute; Gap evidence Nos. 1, 2, 3 (if a branch number is included in each number; hereinafter the same shall apply); Eul evidence No. 1; Eul evidence and images; the result of the measurement and appraisal commission to the Incheon Vice Governor of the Korea Land Information Corporation in the first instance court; the purport of the entire pleadings
2. Determination as to the principal lawsuit
A. According to the above facts of determination as to the cause of the claim, part of the retaining wall owned by the defendant is currently located on the land in the dispute of this case owned by the plaintiff. Accordingly, the defendant occupies the land in the dispute of this case. Thus, the defendant removes the retaining wall installed on the land in the dispute of this case, barring special circumstances, and removes the retaining wall and the land in the dispute of this case.