토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff acquired the ownership of a D cemetery 2744m2 on September 8, 1987, on the ground of the inheritance on December 12, 1986.
B. On August 8, 2001, D cemetery 2744 square meters was divided into D cemetery 2335 square meters and E cemetery 409 square meters.
C. On March 19, 2004, D cemetery 2335 square meters were divided into 2277 square meters and F cemetery 58 square meters. D
The defendant obtains permission from the plaintiff at the time of uncertainty.
The number of people in the land described in the subsection was considered above.
E. On October 29, 2013, D cemetery 2277 square meters was divided into 1615 square meters of D cemetery (hereinafter “instant land”), 534 square meters of G cemetery, and 128 square meters of H cemetery.
(f).
As in the case of paragraph (1), 7,713,300 square meters of G cemetery 534 square meters and H cemetery 128 square meters were expropriated in Jeju Special Self-Governing Province, and 7,713,300 won of compensation for the number of visitors who were involved in the above land during expropriation was deposited in the Plaintiff’s account. The Plaintiff transferred the above compensation to the Defendant
G. Around May 2016, the Defendant collected the self-denunciation at the Plaintiff’s request.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3, part of Eul evidence 6, Eul evidence 7, the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion 1) The Plaintiff added the instant land, G cemetery’s 534 square meters, and H cemetery’s 128 square meters (hereinafter “instant land, etc.”) to the Defendant.
(2) Although the Plaintiff borrowed and lent the instant land without compensation, the Defendant did not promise to use the land without compensation. Therefore, the Defendant transferred the instant land to the Plaintiff from May 1, 2007 to the time the Defendant possessed the instant land, and the Defendant is obligated to pay rent from May 1, 2007 to October 23, 2013, where the said land was occupied, from May 1, 2007, to the time the Plaintiff possessed the instant land, and the rent from May 23, 2013 to October 23, 2013.
In addition, the defendant, upon the plaintiff's request on August 19, 2015, voluntarily surrenders to the land of this case.