공유물수거 등
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) goes against the Plaintiff (Counterclaim Defendant).
Basic Facts
D was born on April 18, 1923 and married to I on April 24, 1948, and among them, the birth was made between South and North E, the son J, the 2 South and North Defendant, the 2st female Plaintiff K, the 3rd female Plaintiff L, the 3 South and North Ma, the 4 South and North Ma, the 4th female Plaintiff N, etc.
And E married with F, and had G and H as his child.
D on April 1, 1957, purchase C 1,752 square meters (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and completed the registration of ownership transfer on April 23, 1965.
After that, D was killed on March 5, 1993; I died on February 9, 2008; and E on February 7, 2009; D, I’s children, the Plaintiffs, Defendant, E’s wife F, children G, and H jointly inherited the instant land as follows.
The heir’s first heir’s share in inheritance I, E, 3/19 deceased E (child) 2/19 F. 38/1,064 G (child) 38/1,064 M. 2/193/1,064 Defendant (child) 2/193/193/1,064, 2/193/193/1,064 Plaintiff K (Child) 2/193/193/193/1,064 Plaintiff 2/193/193/193/1,064 Plaintiff L (Child) 2/193/1,064/1,064 Plaintiff 2/193/1,064 Plaintiff 2/193/1,064 Plaintiff 2/193/193/193/164 Plaintiff 13/1646/164, and the Defendant completed the registration of ownership transfer with respect to the above shares.
Since March 5, 1993, when D died, the instant land occupied D’s wife as a farmer. Since February 9, 2008, after D’s death, E occupied as a male farmer. Since D’s South-North Koreans. Since February 7, 2009, E’s death, the Defendant recovered from March 5, 2009 to the present land and independently occupied the fruit trees, such as growing-up trees, etc. on the instant land.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 13 to Gap.