A. On the ground of 1119 square meters prior to C in Tong-si, each point of which is indicated in the attached Form 1, 2, 3, 4, and 1 in sequence.

A. The instant land was owned by D, and D died on January 3, 2015, the Plaintiff completed the registration of ownership transfer based on inheritance by agreement division under Article 24509 of the receipt of common support by the Changwon District Court on August 25, 2015 with respect to 560/119 of the instant land as to the portion of 560/1119 of the instant land.

With respect to the remaining 559/119 shares, the registration of ownership transfer was completed in the name E on the same day.

B. Around 1985, the Defendant constructed a temporary building or structure, etc. on the ground of the instant land (hereinafter “instant building, etc.”) and used until now.

【In the absence of dispute, each entry in Gap's evidence Nos. 1 through 5 (including branch numbers, if any) and the result of the appraisal commission to the Korea Land Information Corporation, one of the co-owners in the judgment on the whole purport of the pleadings and the cause of the claim for delivery part, as an act of preserving the jointly-owned property, can seek a claim for the whole delivery (claim for Exclusion of Obstruction) of the jointly-owned property against the third party. The defendant has a duty to remove the building, etc. of this case and deliver the land of this case

피고의 항변에 관한 판단 사용대차 피고는 원고의 조부(祖父)인 F, 그 상속인인 원고의 부친(父親) D으로부터 기간이나 대가의 정함이 없이 이 사건 토지의 무상사용을 허락받았다고 주장하나, 이를 인정할 아무런 증거가 없으므로, 피고의 이 부분 주장은 이유 없다.

Since the defendant has occupied land for at least 30 years under the statutory superficies or customary law, it is argued that the statutory superficies is established. Thus, the statutory superficies under Article 366 of the Civil Act is established when land and its ground buildings belong to the same owner at the time of establishing a mortgage, and the statutory superficies under customary law should belong to the same person. However, there is no evidence to acknowledge that the land and buildings in this case were owned by the same person.