Text
1. The plaintiff's respective lawsuits against the defendant C and D shall be dismissed in entirety.
2. The plaintiff's claim against the defendant B is dismissed.
3.
Reasons
1. Facts of recognition;
A. On April 21, 1953, the Plaintiff was a school juristic person established with the authorization of establishment from the Minister of Education, and is operating G middle schools located in the Young-siF from November 5, 1953 to the present day.
B. At the time of January 21, 1957, the Plaintiff completed the construction of a school playground and the construction of a new teacher on January 21, 1958. The Plaintiff completed the construction on January 21, 1958, on the aggregate area of 2,628 square meters in the area of the land of Do, 300 square meters in size and 329 square meters in size among the land of Do and Do-5 square meters in size (hereinafter “school site of this case”) of 300 square meters in size and 329 square meters in size.
C. On June 19, 1965, Defendant B received the registration of ownership transfer for the land of 1,307 square meters in Suwon-si Man-si (hereinafter “instant land before the instant partition”) on April 2, 1956. On February 12, 2004, Defendant B divided the said land into the land of 331 square meters in Suwon-si, Suwon-si E (hereinafter “instant land”) and the land of 976 square meters in Suwon-si, Suwon-si, and completed the registration of division.
On the other hand, in the case of the land before the division of this case, the land of this case was located inside the wall with the boundary of the wall of the school site of this case, and the land of this case was located outside the wall of the school site.
E. On September 3, 2015, Defendant B completed the registration of ownership transfer on the ground of donation on July 31, 2015 with respect to each one-half shares of the instant land to Defendant C and D, who is the child of the said Defendant.
F. On March 15, 2016, the Defendants sent the content-certified mail demanding the purchase of the instant land or the return of unjust enrichment equivalent to the rent, on the ground that the Plaintiff illegally occupied the instant land against the Plaintiff.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including each number), the party principal examination result against defendant B, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The above-mentioned facts and arguments concerning the cause of the claim.