석축철거 및 토지인도등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of 1944 square meters (hereinafter “instant land”) before Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.
B. The Plaintiff purchased the above land (hereinafter “Defendant-owned land”) from Nonparty F on December 5, 1996 and completed the registration of ownership transfer on the 17th of the same month.
C. Nonparty F is occupying and using a part of the instant land by constructing, occupying and using it. On December 5, 1996, when selling the land owned by the Defendant to the Defendant, Nonparty F transferred the part of the instant land to the Defendant and occupied and used this part.
Of the instant land, the part 1 to 14 of the attached table table 1 to 14, and the part 66 square meters “1” portion of “1” (hereinafter referred to as “the instant part”) is the road in the present condition, and it is marked 2, 15 through 21, and 8 of the same table of appraisal;
7. On the ship that connects 6, 5, 4, 3, and 2 with each other, a 80 square meters portion of “bb” portion (hereinafter “the instant portion”) is preceding the current status, and 17, 23, 22, 21, 20, 19, 18, and 17 are installed in the 3rd section (hereinafter “instant 3rd section”) which connects 17, 23, 22, 21, 20, 19, 17 with each other. The Defendant is using the said 1st section as a road, the said 3rd section as a 2nd part, and the 3rd section as a 3rd section.
[Ground of recognition] Facts without dispute; Gap evidence 1-1 and 2; the result of this court's request for measurement and appraisal to the Korea Appraisal and Information Corporation's branch; the purport of the whole pleadings
2. The plaintiff asserted by the parties, as the owner of the land of this case, sought the delivery of this case 1, 2, 333 parts and the removal of tin on the land and the return of unjust enrichment equivalent to the rent. Accordingly, the defendant asserts the completion of the statute of limitations for possession on the above parts.
3. Determination
A. Prior to the determination on the part A of this case, each of the facts, Gap evidence 3-1, 2, and Eul evidence 2-1, 2-5, and witness.