토지인도
1. As to the portion of Defendant F, Defendant H, I, J, K, and L, Defendant F, with respect to the portion of 3/13 of the said portion, with respect to the respective share of 2/13.
1. Basic facts
A. On November 10, 2002, the Plaintiffs entered into a sales contract with M&A, the owners of each land listed in paragraphs (1) and (3) of [Attachment List Nos. 1 and (3) (hereinafter “each land of this case”). At that time, the Plaintiffs are co-owners who completed the registration of partial transfer of ownership on each share of 47/235 of the lands of this case for each land of this case.
B. On each land of this case, each of the buildings listed in the separate sheet Nos. 2 and 4 (hereinafter “each of the buildings of this case”) is constructed. Each of the buildings of this case was owned by Defendant I, H, J, K, and L’s father, who is the husband of Defendant F, and Defendant I, H, J, K, and L. As the network N died, Defendant F inherited each of the 2/13 shares, Defendant I, H, J, K, and L, respectively.
[Ground of recognition] Defendant F and H: The absence of dispute; the entries in Gap evidence 1, 2, and 6 (including each number), the appraiser's appraisal result; Defendant I, J, K, and L; the overall purport of the pleadings; each confession (Article 150(3)2 of the Civil Procedure Act)
2. According to the facts of the determination as to the cause of the claim, since each of the buildings of this case owned by the Defendants jointly on the ground of each of the lands of this case owned by the Plaintiffs, the Plaintiff is obligated to remove each of the buildings of this case as to the 3/13 share, Defendant H, I, J, K, and L, and 2/13 share, respectively, and deliver each of the lands of this case.
3. Determination on Defendant F and H’s defense
A. When Defendant F and H’s father P sold each of the instant lands to the Plaintiffs, the instant building was built upon the Plaintiff’s request to remove the network N’s house, which had been constructed on the Q of Seoyang-gu Q, Seoyang-gu. Accordingly, Defendant F and H resided in each of the instant buildings for 45 years, and Defendant occupied each of the instant land in peace and performance with the intent of ownership of the network N and Defendants.