건물명도
1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim).
1. In the first instance court’s trial scope, the Plaintiff filed a claim against the principal lawsuit against the Plaintiff regarding the real estate listed in [Attachment I] List No. 1 (hereinafter “instant building”); ② a claim for return of unjust enrichment from occupation without permission; ③ a claim for removal of an engine room on the ground of the real estate listed in [Attachment I List No. 2 (hereinafter “instant land”); and the Defendant filed a claim for ownership transfer registration for the instant building as a counterclaim; the first instance court accepted the Plaintiff’s claim against the principal lawsuit; and dismissed the Defendant’s counterclaim.
Accordingly, the defendant filed an appeal against the judgment of the court of first instance, but withdrawn an appeal against the counterclaim part.
Therefore, the scope of this Court's adjudication shall be limited to the main claim.
2. Basic facts
A. On May 21, 2001, the Plaintiff completed the registration of ownership transfer on the instant building and the instant land based on inheritance by consultation and division on December 2, 2000.
B. The Defendant newly constructed on the instant land the brick 20m20 square meters (hereinafter “the instant railway room”) of the brick gate part of the brick gate, which connects each point of the annexed drawing Nos. 48, 49, 50, 51, and 48 in sequence with the annexed drawing Nos. 2 on the instant land, and from around 202, used the instant building as a temple.
C. On the other hand, the instant building, unlike the entry in the public record, is in fact located on the land of Yangyang-gun C, Yangyang-gun, 1340 square meters owned by the school foundation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including branch numbers in case of additional number), Gap evidence Nos. 4-1 and 2, the result of the request for surveying and appraisal of appraiser D, the purport of the whole pleadings
3. The parties' assertion
A. The Plaintiff’s parents, around 196, allowed Nonparty H (F) to use the instant building, and the Defendant occupied the instant building without permission.
In addition, without permission of the plaintiff, the defendant constructed the instant engine room on the ground of the land of this case.
Therefore, it is true.