토지인도
1. The Defendant, among the 407780 square meters of 407 m2,00 m2,000 m2, in order of each of the annexed drawings No. 1,2,3,000 m2.
1. The Plaintiff owned 407780 square meters of land (hereinafter “the instant forest”) in Seoul-gun, Jeonnam-gun for the purpose of cement manufacturing business, etc.; the Defendant owned, used, and managed a power transmission tower installed in order to supply electricity to cement factories (hereinafter “the instant cement distribution tower”); and the Defendant did not dispute the purport of the entire appraisal of the land of this case between the parties to the instant land and the land of this case and the land of this case connected each point of 12, 13, 14, 15, and 12 in sequence with the indication of the attached map No. 1, 12, 13, 15, and 12 in the order of the determination of the cause of the instant claim. The land of this case was partially used for the instant cement manufacturing business, and the entire appraisal of the land of this case can be acknowledged by the court below, taking into account the following facts: (a) there was no dispute between the parties to the instant land and the land of this case; and (b) the entire appraisal of the land of this case.
According to the above facts, the defendant is under the duty to remove the transmission tower installed above the part 1 and the part 4 of the forest of this case among the forest of this case, which is owned by the plaintiff, from among the forest of this case, by owning, using, and managing the above transmission tower installed above the part 1 and 4. Thus, the defendant is under the duty to remove the transmission tower installed above the part 1 and 4.
2. As to the Defendant’s defense, after the establishment of the instant transmission tower at the beginning of 1985, the Defendant used the part of the instant forest land out of the instant forest land without any objection according to mutually recognized customs with the title trustee of the instant forest land. Since July 20, 2012, the Defendant acquired cement factory assets, and thereafter, was in a peaceful state even after June 22, 2015, where the ownership of the instant forest land was transferred to the Plaintiff.