건물철거 및 토지인도 등
1. The Plaintiff:
A. Defendant B indicated in the attached sheet No. 12, 13, 14, 15, 16, 17, 18, 19, 20, among the area of 431.8 square meters in Echeon-si D, Leecheon-si.
1. Facts of recognition;
A. On March 3, 1960, E, the Plaintiff’s father, completed the registration of ownership transfer on the ground of sale and purchase on August 5, 1959, with respect to 431.8 square meters (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on December 7, 2015, with respect to 1/6 shares out of the instant land on September 24, 2013 after E’s death.
B. As to the size of 86 square meters and 10 square meters in a block, brick, brick structure, asbestos slate roof warehouse in part (b) on the instant land indicated with the attached appraisal map constructed around 1935 on the instant land (hereinafter “instant building”), F, the father of the Defendants, registered as the owner of the building on March 14, 1989, and the F, upon the death of F, was registered as the owner in the property tax ledger and paid the property tax by Defendant B, and the Defendant C currently resides in the instant building.
C. F or the Defendants, the father of the Defendants, have paid user fees for the instant land from the 1980s to 2017 to E, the Plaintiff and other co-owners.
On November 29, 2017, the Plaintiff sent to each of the Defendants the content that “as the rental period of the instant land has been expired, the instant building was removed and the said land was handed over.”
[Evidence Evidence: Evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply)
(i)each entry or video of this Court, each request for appraisal by the Korea Land Information Corporation for the branch offices of this Court, and the purport of the entire pleadings]
2. Judgment on the parties' arguments
A. According to the above facts as to the cause of the claim, unless the Defendants did not have the right to possess the land of this case, the Plaintiff, the co-owner of the land of this case, and the Defendant B, the owner of the building of this case, has the duty to remove the building, and the Defendant C, the possessor of the building of this case, has the duty to leave the building
B. As to the Defendants’ assertion