토지인도등
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) Attached reference is also for the land listed in paragraph 1 of the Schedule.
The principal lawsuit and counterclaim shall be reviewed together.
Basic Facts
D and D owned land owned by the Defendant was the owner of the instant land Nos. 1, 2, and 3 (hereinafter “each of the instant land”) by September 2, 2004.
On October 21, 1986, the Defendant completed the registration of ownership transfer with respect to the E-si land for factory E, Seoul Special Metropolitan City, which is adjacent to each of the instant land (hereinafter “instant adjacent land”).
The boundary of each land of this case and the adjoining land of this case, which was installed with a boundary retaining wall, are facing the boundary, such as the attached reference map.
around 1989 and around 1992, a concrete retaining wall in the form of straight line (hereinafter “the retaining wall of this case”) was installed between each land of this case and the neighboring land of this case.
From the time of the installation of the retaining wall of this case, the defendant occupied the part below the retaining wall of this case, and installed or depthed the three-way facilities as stated in the purport of the claim of this case, the pipe pole, the pipe pole, the string roof, the container, the vehicle maintenance facilities, the steel network fence, the sloping, the sloping, the fence, and the sloping tree 1 share (hereinafter collectively referred to as the "the structure of this case").
The plaintiffs purchased each land of this case from D on September 2, 2004, and on November 3, 2004, the plaintiffs completed the registration of ownership transfer (one-third of each share) on each of the above lands.
At present, the part of each of the lands of this case owned by the plaintiffs, located be located be below the retaining wall of this case, and the part currently occupied and used by the defendant among each of the lands of this case is indicated on the ship (a), (b), (e), (f), (g), (g), (h), (i), (m), (m), (n) (hereinafter referred to as "the part of this case").
Of the adjoining land owned by the Defendant, the part located above the retaining wall of this case is left alone without being used at present.
[Ground of Recognition] Unsatisfy, Gap evidence No. 1, and Eul No. 7.