토지인도 등
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) among the land size of 863 square meters in Seosan-si Co., Ltd. 12, 13, 14, and 12.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The land of this case (hereinafter “instant land”) was owned by Nonparty D in Seosan-si, Seosan-si.
D The Plaintiff, as a member of D, completed the registration of ownership transfer on December 21, 2007 due to the gift made on December 17, 2007.
B. E large 241 square meters adjacent to the instant land (hereinafter “Defendant’s land”) were owned by Nonparty 1 F. Around 1960, F built and owned a building on its ground (hereinafter “Defendant”) around 1960, and the Defendant’s building was extended around 190.
At present, the Defendant building is located on the part of item (a) in the ship which intrudes the boundary of the instant land and connects each point of which is indicated in Appendix 12, 13, 14, and 12, and is located on the ground of Section 1(b) and Section 21m2 (hereinafter “instant area”) that connects each point of which is indicated in Appendix 6, 15, 14, 7, 15, 16, 16, 5, 17, and 6.
Of the dispute portion of this case, part 11 square meters inboard (hereinafter “the extension portion of this case”) that connects each point of the attached drawings 1, 2, 3, 4, 5, and 1 among the dispute portion of this case is the part of the land of this case occupied by the defendant building after extension around 190.
C. On November 22, 1993, the non-party G, the son of which died, completed the registration of ownership transfer with respect to the defendant land and the defendant building due to inheritance by agreement division.
On April 29, 1994, at the time of residing in the Defendant building, Nonparty H, the wife and G’s mother, entered into a lease agreement with D as to the part in which the instant land was invaded by the Defendant’s building, and paid KRW 300,000 per year to D as rent.
(hereinafter referred to as “instant lease agreement”).
On September 26, 2002, Nonparty I completed the registration of ownership transfer based on sale on the Defendant’s land and building, and the Defendant completed the registration of ownership transfer based on sale from I on November 13, 2003 on the Defendant’s land and building.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4.