용지보상 대상자지위확인 등
1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) transferred to the Defendant (Counterclaim Plaintiff).
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On December 20, 1957, the land category of 4,338 square meters in Jeonnam-gun is divided into 1,812 square meters in E, E, 1,812 square meters in C, and 2,526 square meters in C, and the land category was changed to 2,526 square meters in C, January 12, 1966 (hereinafter “instant land”).
B. On December 5, 1947, G, the president of F, solely inherited the instant land. On May 6, 1981, H and children of H, the head of F, who is the family heir, were succeeded to the respective 3/18 shares, and the respective 2/18 shares of the Plaintiffs and I, J, L, M, and M, who are other children, succeeded to the respective 3/126 shares due to the death of H (3/18 x 1/7).
After the transfer registration under F on April 28, 194 was completed in the register of the instant land, the transfer registration for ownership based on each inheritance was completed in relation to the shares of 24/126 (3/183/126) in the name of K on August 13, 2012 in the name of K on August 13, 2012, with the omission of the details of G and H’s acquisition of ownership or shares. The transfer registration for ownership based on each inheritance was completed in the names of other children, including the Plaintiffs.
C. Thereafter, the registration of ownership transfer for shares (24/126 (17/126 x 4) in total 92/126 shares (24/126 x 126 x 4) of other children of G except the plaintiffs (hereinafter referred to as "heirs") was completed on September 13, 2012 in the name of the plaintiff A as of September 12, 2012, with respect to the ownership transfer for sale as of September 12, 2012. As of now, the land at issue is registered as owned by the plaintiff A as holding shares of 109/126 (17/126 92/126), and the plaintiff B as holding shares of 17/126 shares.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 4, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the main claim
A. Since the Defendant occupied the instant land owned by the Plaintiffs, the Defendant is obligated to deliver the said land to the Plaintiffs.
B. According to the facts of paragraph 1, this case’s land is presumed to be owned by the plaintiffs, and the defendant’s land at present.