건물철거 등
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 17, 2001, the Plaintiff completed the registration of transfer of ownership based on sale, with respect to the land of Gangseo-si Cung-si and 191 square meters (hereinafter “Plaintiff’s land”).
B. The Defendant completed the registration of preservation of ownership on June 15, 1981, as to the wooden Done-si land located adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”), and the wooden Done-si land located adjacent to the Plaintiff’s land (hereinafter “Defendant’s land”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination on the main claim
A. The summary of the parties’ assertion 1) The Defendant, via the instant building, connects each point of 10, 11, 14, 15, and 10 of the Plaintiff’s land via the instant building, with the part (A) of 14 square meters inboard (hereinafter “(A)”).
[2] In the case where the portion of subparagraph (a) and (b) are combined with that of subparagraph 6, 7, 8, and 6 of the same drawing, the part of subparagraph (b) (hereinafter “the part of subparagraph (b)”) and the part of subparagraph (a) and (b) are combined with that of subparagraph (a) and (b).
[2] Since the Plaintiff who is the owner of the Plaintiff without title occupies the land without title, the Plaintiff is obligated to pay unjust enrichment at the rate of KRW 14 million per annum from November 1, 2007 to October 29, 2017 and from October 30, 2017 to the date of delivery of the parts (Ga), and the acquisition by prescription of possession of the portion (Ga), and (b), since the Defendant newly acquired the ownership of the Plaintiff’s land during the period when the Plaintiff did not complete the registration of ownership transfer following the acquisition by prescription, the Defendant cannot claim against the Plaintiff for the completion of the acquisition by prescription since the Defendant newly acquired the ownership of the Plaintiff’s land during the period when the Defendant did not complete the registration of ownership transfer following the acquisition by prescription. The Defendant completed the registration of ownership transfer on June 1, 1978.