토지인도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. Of the area of 199 square meters in Gyeonggi-gu D, the attached Form 3, 4, 9, 9.
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. The land of this case (hereinafter “instant land”) and 443 square meters prior to the Gyeonggi-gun E (hereinafter “instant neighboring land”) adjacent thereto were owned by both F and F, while the ownership was transferred to G on April 4, 2005 on the ground of sale and purchase.
After that, on December 21, 2007, the ownership of the neighboring land of this case was transferred to the Defendant on the grounds of sale by voluntary auction. The ownership of the land of this case was transferred on the grounds of public auction on December 27, 2012 to the Plaintiff.
B. Around 196, the Defendant newly constructed a house on the ground of the neighboring land of this case (hereinafter “the instant house”), and during that process, part of the instant house (including a fence; hereinafter “the instant bedroomd part housing”) connected each point of 3, 4, 9, 10, and 3 of the instant land among the land No. 1, and “the land on which “1,00 square meters or less of the instant bedroomd part” is “the land on which the instant bedroomd part of 12 square meters or less among the instant land.”
(c) The instant land was newly built in 143,180 won (64,760 won 64,760 won 680,760 won 680,580 won 716,400 won 722,370 won 734,310 won) in total from December 27, 2018 to December 26, 2018. The rent after December 27, 2018 is KRW 61,190 per month. [In the absence of any dispute over recognition, evidence Nos. 1 to 4, evidence No. 1 to 1, and No. 1, and No. 1, and the result of the measurement and appraisal on the two branches of the Korea Land Information Corporation in the Republic of Korea in the Republic of Korea in the face of Land Information Corporation, the result of the appraisal of the market price of H in this court, the purport of the entire pleadings and arguments.
2. According to the facts of recognition under Paragraph (1) of the judgment as to the cause of the principal claim, the Defendant occupied the land of the instant affected part, which is the site by owning the instant affected part of the land on the ground of the instant affected part.
As a result, it obtains a benefit equivalent to the rent for the land in the affected part of the instant case and causes damages equivalent to the same amount to the Plaintiff.
Therefore, the defendant removed the house in the affected part of this case to the plaintiff, and is the site thereof.