건물철거 및 토지인도
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Determination as to the cause of claim
A. The Defendant, which caused the Plaintiffs’ claim, runs an act of using a large volume of 43 square meters in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant land”) owned by the Plaintiffs without permission and piling waste or waste therefrom.
Accordingly, the Plaintiffs, based on the ownership of the instant land, seek a prohibition against the Defendant, such as the purport of the claim.
B. In full view of the overall purport of evidence Nos. 1-2 and 2-3 of the evidence Nos. 1-2 and 2-3, the plaintiffs owned the land of this case, and the facts that the defendant owned the land of this case, Mapo-gu Seoul E-ground, F-70 square meters, and G-ground housing in the neighboring area of the land of this case, it is insufficient to recognize that the defendants without permission passed the land of this case or committed the act of piling waste, etc. on the land of this case, and there is no other evidence to prove otherwise.
Therefore, the plaintiffs' claims are without merit for further review.
2. In conclusion, the plaintiffs' claims are dismissed. It is so decided as per Disposition.