건물등철거 및 토지인도
1. The defendant shall make the plaintiff 5.2 square meters above 215 square meters above Jeonnam-gun, Jeonnam-gun Co., Ltd., and the defendant shall be 5.18 square meters above 18.18 square meters above the cement brick, brick structure, and
1. In full view of Gap evidence Nos. 1 through 3, the results of the on-site inspection of this court, and the purport of the whole pleadings, the plaintiff is the owner who completed the registration of transfer of ownership on October 31, 2012 with respect to the land of 215 square meters (hereinafter "the land of this case") in Yong-gun, Yong-gun, Yong-gun, Nam-gun on the ground of sale on November 1, 2012, and the defendant owned the building indicated in paragraph (1) of this case (hereinafter "the building of this case") on the land of this case and possessed the land of this case. According to the above facts of recognition, the defendant is obligated to remove the building of this case to the plaintiff and deliver the land of this case, barring any special circumstances.
(1) The plaintiff asserted that the plaintiff purchased the building of this case, but there is no evidence to acknowledge it, and according to the witness D's testimony, D, the former purchaser of the land of this case, was unaware of whether the building of this case was his own at the time of sale to the plaintiff, and therefore, the above argument is without merit). 2. The defendant's defense was first judged as to the defendant's right to acquire the fruits of the bona fide possessor as stipulated in Article 201 of the Civil Code, but the right to possess was legitimate title. However, the right to possess means superficies, lease on a deposit basis, lien, pledge, etc., and the right to acquire the fruits as stipulated in Article 201 of the
Next, the defendant asserts that he has a legitimate authority to possess the building of this case for 60 years since the acquisition by prescription has been completed, and therefore, the acquisition by prescription is completed if he possesses the real estate in peace and openly for 20 years. However, the prescription acquisitor due to the possession of real estate only has the right to claim the ownership transfer registration against the owner at the time of the completion of the acquisition by prescription and the third party who acquired the ownership of real estate by completing the ownership transfer registration before the registration.