토지인도 등
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 1 drawings on the Plaintiff-Counterclaim Defendant 2, 3, 4, 19, 18, among the land size of 338 square meters in Kimcheon-si C, Kimcheon-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The registration of ownership transfer was completed in the name of E on April 14, 1942 (the name of 4 South Cho-nam G of the Plaintiff's assistance group) on the ground of the sale on March 20, 194 with respect to Kimcheon-si 501 square meters (the unit conversion registration of a size of 1,656 square meters on December 16, 2002). On October 29, 1989, the registration of ownership transfer was completed in the name of H on December 16, 2002 on the ground of the inheritance by consultation and division. The registration of ownership transfer was completed in the name of H (G's children) on December 16, 2002 on the ground of the sale on December 1, 2002.
B. On March 19, 2003, the said D land was divided into three hundred and thirty-eight square meters in C, 338 square meters (hereinafter “Plaintiff’s land”) and one hundred and thirty-two square meters in J. As to the Plaintiff’s land, the registration of transfer of ownership was completed on October 31, 2003 under the Plaintiff’s name on the ground of sale on October 30, 2003.
C. On July 30, 1985, the ownership transfer registration was completed on July 30, 1994 with respect to the land of 282 square meters adjacent to the Plaintiff’s land, Kimcheon-si, Kimcheon-si (hereinafter “Defendant’s land”). On November 24, 2008, the ownership transfer registration was completed as the sole owner of the Defendant on December 30, 2008.
Since before 1964, the Defendant occupied the portion of (B) part of 17 square meters in size (hereinafter referred to as “the instant part”) as a housing site connected with each point of the Plaintiff’s land attached Table 2, 3, 4, 5, 6, 22, 21, 20, 18, and 2, among the Plaintiff’s land, as the housing site, while residing in a housing unit on the Defendant’s land. At present, the Defendant occupied the instant part of 17 square meters in size (hereinafter referred to as “the instant part”) by indicating a hack pipe and hacks, and has occupied it as a ma, etc., and remains in a concrete package (B) that is successively connected to each point of (B) part of 5 square meters in size in the attached Table 1.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 7, Eul evidence Nos. 5 and 13 (including each number), video, the purport of the whole pleadings
2. Determination: