건물철거 및 토지인도
1. The Defendant (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) as indicated in the attached Form 1 List No. 1 on the Attached Form No. 2.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 20, 1996, the Plaintiff: (a) donated the real estate listed in the attached Table 1 (hereinafter “instant real estate”); and (b) Seongbuk-gu Seoul Metropolitan Government H large scale 387 square meters; and (c) completed each registration of the transfer of ownership on June 7, 1996.
B. On May 22, 1979, the deceased J and his spouse, Defendant B, and the remaining Defendants, who were their children, filed a move-in report to KK on May 2, 197. From that time, they resided in the building without permission on the ground (hereinafter “instant building”) located on the part (A) of the instant real estate, which connects each point of (a) the attached Form No. 2 drawing No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 10 in sequence, among the instant real estate.
C. Meanwhile, J and the Defendants have occupied and used the instant building by enlarging, rebuilding or repairing it, and currently Defendants B, E, and D are residing in the said building.
On March 3, 1990, the J succeeded to the 2/11 shares of Defendant C, D, E, and F, who is the spouse, in respect of the 3/11 shares of Defendant B, the spouse, respectively, and succeeded to the J.
[Ground of recognition] Facts without dispute; entries and images of Gap evidence 1 through 8 (including paper numbers); the results of a request for surveying and appraisal to the Seoul Vice-Governor of the Korea Land Information Corporation (Seoul Vice-Governor) on May 30, 2016; the purport of the whole pleadings
2. We examine the judgment as to the cause of the principal claim. The instant building is owned by J, and there is no dispute between the Defendants and the parties who inherited the building in accordance with their respective inheritance shares. Thus, barring any special circumstance, the Defendants, the heir of J, possessed the instant building in the instant dispute site owned by the Plaintiff and interfere with the Plaintiff’s exercise of ownership. Thus, the Plaintiff is obliged to remove the instant building and deliver the said dispute site to the Plaintiff, barring special circumstances.
3. Determination on the defendants' defenses and the grounds for counterclaims
A. The defendants' assertion of the real estate of this case.