가시설물철거등
1. The Defendants are each indicated in the annexed drawing Nos. 1, 17, 18, 19, 20, and 1 among the land size of 694 square meters on the Busan Young-gu D road.
1. Facts of recognition;
A. The Plaintiff currently shares 20/210 of the Plaintiff’s share, and the Defendant B’s share in 35/210, other than Nonparty F, G, H, I, J, and K share in part, respectively.
B. At present, the Plaintiff, the Defendant, and I share 1/3 shares of each of the two-thirds shares, respectively, for the area of 109 square meters wide (hereinafter “2 real estate of this case”).
C. Defendant B owned a building located adjacent to the instant 1 and 2 real estate and leased it to Defendant C.
Meanwhile, Defendant C, with the permission of Defendant B, installed a temporary building on the land of 33 square meters, which connects each point of (2) 27 square meters of the attached drawings among the real estate Nos. 1, 17, 18, 19, 20, and 1 among the real estate No. 1 of this case and the real estate No. 2 of this case, among the real estate No. 1 of this case, each point of (4), 16, 17, 17, 14 of the attached drawings.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, each entry of 1 and 2, the result of this court's request for surveying and appraisal to the Busan Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. Where co-owners co-owners share the judgment on the cause of the claim, a share right holder who is not a majority share right holder cannot exclusively use the judgment without consultation with other share right holders, and the remaining share right holders are entitled to seek the exclusion of possession, such as the exclusion of exclusive use, namely, the removal of the building on the ground and the transfer of the land, as an act of preserving the jointly-owned property.
(See Supreme Court Decision 2002Da57935 Decided November 13, 2003). As seen earlier, the first real estate of this case is owned by the Plaintiff as 20/210 shares, 35/210 shares of Defendant B, and other co-owners' shares. The second real estate of this case is owned by the original Defendant and I as 1/3 shares, respectively. However, Defendant C uses Defendant B’s building.