부당이득금
1. On October 10, 1999, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) regarding each real estate listed in the separate sheet.
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. On September 28, 1979, the Defendant changed the land category of the land listed in the separate sheet Nos. 1 and 2, and Paragraph 3, listed in the separate sheet on October 10, 1979, and constructed a road for the general public traffic of the general public, including each land listed in the separate sheet (hereinafter “each land of this case”), and then occupied and used the land including each land of this case as a road until now.
B. B acquired ownership of 11,740 square meters and 2,700 square meters prior to the partition of each land of this case, which is the land prior to the partition, on January 10, 1947, and August 27, 1979. Upon the death of B, on March 17, 2001, the registration of ownership transfer was completed on April 19, 2001 under the Plaintiff’s name.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 7-1 to 22, video, the purport of the whole pleadings
2. Determination on the principal lawsuit and the cause of counterclaim
A. Determination as to the cause of counterclaim: According to the fact of recognition as to the completion of prescriptive acquisition, the acquisition by prescription was completed on October 10, 1999, since October 10, 1979, when the Plaintiff started to occupy each of the lands of this case as a road and for 20 years or more from October 10, 1979, possession and management of each of the lands of this case as owner’s intention. Thus, the prescriptive acquisition by prescription was completed on October 10, 199.
Therefore, the Plaintiff, the owner of each of the instant lands, is obligated to implement the procedure for ownership transfer registration on October 10, 1999 with respect to each of the instant lands to the Defendant, except in extenuating circumstances.
B. (1) With respect to the Defendant’s counterclaim as to the cause of the principal lawsuit and the defense against the Plaintiff’s counterclaim, the Plaintiff did not submit any evidentiary materials regarding the acquisition procedure of each of the instant land without permission.