토지인도
1. The Plaintiff (Counterclaim Defendant), among the size of 40,651 square meters of F orchard in Seopopoposi, and the Defendant B, with the indication of the attached drawing No. 1, 2, 3, 20 through 20.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The fact of recognition is that the Plaintiff is the owner of F orchard 40,651 square meters (hereinafter “the Plaintiff’s land”). The Defendants are all the owners of the land adjacent to the Plaintiff’s land. Defendant B is the owner of the land adjacent to the Plaintiff’s land of this case, and Defendant B is the owner of the land of this case, each of which is 564 square meters of the part “A” (hereinafter “the Plaintiff’s land”). Defendant C connects the Plaintiff’s land of this case with each of the items of 3,4,5,16,20 square meters in sequence 1,584 square meters connected with each of 1,584 square meters of “B” (hereinafter “the Plaintiff’s land of this case”); Defendant D is the owner of the land of this case with each of 5,6,7,14,15,16, and 15,000 square meters in sequence connected with each of the items of 1, 2, 34, 16, and 15.
[Reasons for Recognition]
A. B between the Plaintiff and the Defendant: Article 208(3)2 and Article 150(3) of the Civil Procedure Act
B. The plaintiff and the remaining Defendants: The non-contentious facts (defendant C, E), and the entry of the evidence Nos. 1-1, 3, 4, 5, 2, and 3, the result of the verification by this court, the result of the appraiser H’s appraisal, and the purport of the whole pleadings.
2. According to the above facts of recognition as to the claim of the principal lawsuit, Defendant B is obligated to deliver the land of this case to the Plaintiff who is the owner of the Plaintiff, Defendant C is obligated to deliver the land of this case, Defendant D is obligated to deliver the land of this case, Defendant D is obligated, and Defendant E is obligated to deliver the land of this case, barring special circumstances.
3. Determination on the prescriptive acquisition defense and counterclaim claim by Defendant C and E
A. Defendant C does not have a duty to deliver the claim to the Plaintiff, as the above Defendant: (a) opened and openly held as the intent to own the land of this case from March 26, 1990 to his intent to own the land of this case for twenty (20) years; and (b) the Plaintiff did not have a duty to deliver the claim to