토지인도 등
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the claim for tree collection shall be revoked, and that part shall be revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 21, 197, the Plaintiff purchased 148.8 square meters (hereinafter “the Plaintiff’s land in this case”) in Masan-gu, Jeonju-si, Jeonju-si, and newly constructed a house on the ground of the above land since the completion of the registration of ownership transfer on December 31, 197, and thereafter owns it up to now.
On June 11, 2010, the Defendant purchased from E a building of 171.9 square meters (hereinafter “the Defendant’s land”) and three-story above ground (hereinafter “the Defendant’s building”) adjacent to the boundary of the Plaintiff’s land in this case and completed each registration of the transfer of ownership on July 15, 2010.
B. After purchasing the Defendant’s land, the Defendant installed cement brick fences near the boundary of the Plaintiff’s land, and part of the said wall installed a cement brick fence, which connected each point of the Plaintiff’s land in sequence of 1, 10, 11, 8, 9, and 1, among the Plaintiff’s land, the part (B) part of the instant land (hereinafter “instant dispute land”) was 6.5 square meters in the ship (hereinafter “instant dispute land”).
(2) The part of the wall installed in a violation of the Plaintiff’s land (hereinafter “the wall of this case”). Meanwhile, among the dispute land of this case, one part of the part indicated in the separate drawing (C) of the dispute land of this case (hereinafter “the land of this case”) is planted.
C. As a result of the survey, the Plaintiff came to know of the fact that the instant wall and a spung tree were installed and planted in their own land. On May 26, 2014, the Plaintiff sent a content-certified mail requesting the Defendant to remove the instant wall and a spung tree.
[Ground of recognition] A without any dispute, Gap evidence 1 through 4, Eul evidence 15 (including paper numbers; hereinafter the same shall apply), the result of the on-site inspection by the court of the first instance, and the result of the commission of surveying and appraisal by the former branch of the Korea Land Information Corporation, the purport of whole pleadings
2. The parties' assertion
A. The plaintiff's assertion (the summary of the main claim) is the wall of this case without permission on the land in the dispute of this case owned by the plaintiff.