토지인도
1. The part concerning a counterclaim among the judgment of the court of first instance shall be modified as follows:
Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On April 14, 1987, the Defendant completed the registration of ownership transfer with respect to F forest land 165 square meters, G 245 square meters, H forest land 102 square meters, 3,894 square meters prior to the J, 3,223 square meters prior to the J, and 92 square meters of K forest land (hereinafter the above land collectively referred to as “Defendant’s land”).
On the other hand, in the land owned by the defendant, the defendant forms a farming house while operating a fish farm, and has the defendant's house on the land owned by the defendant.
B. On March 3, 2001, the Plaintiff completed the registration of ownership transfer with respect to the land of 1,458 square meters (hereinafter “instant land”) prior to Seosan-si, Seosan-si, and with respect to the land of 4,624 square meters prior to D on July 5, 2001 (hereinafter “instant land”) and E forest land of 918 square meters (hereinafter “instant E”).
C. In the cadastral map, the boundary of the instant land owned by the Plaintiff and the instant land D and E are roads (hereinafter “the instant previous road”) that can move to a road, which is a contribution to the land owned by the Defendant (hereinafter “instant previous road”), between the boundary of the instant land and the instant land and the instant land, and the boundary of the instant land and E are unclear.
On the other hand, the defendant, instead of passing through the previous passage road of this case, opened a passage road on the part of "b" in the ship connecting each point of 6, 7, 28, 27, 27, 26, 25, 10, 11, 24, 23, 22, 21, and 6 of the attached Table 3 appraisal map (1) among the land of this case, and used it as a passage for entering the road of 95 square meters from the land owned by the defendant to the public road.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 (including numbers if there are additional numbers; hereinafter the same), the result of the on-site inspection by the court of first instance, the result of the survey and appraisal by the appraiser L by the court of first instance, the purport of the whole pleadings
2. The assertion and judgment
A. If the Defendant’s assertion appears to be a road on the land owned by the Defendant, each of the land owned by the Plaintiff will pass.