건물등철거
1. The Plaintiff:
A. Defendant B shall have a roof of an asbestos slate of 19,762 square meters on the ground of 19,762 square meters prior to Macheon-si.
According to the purport of Gap evidence No. 1 and the entire pleadings, the plaintiff was given a donation of some of his share of 19,762 square meters (hereinafter "the land in this case") to Eul, his father, and completed the registration of share transfer on May 30, 2006, and the defendant Eul owned a house of 27.9 square meters on the roof and one-story of asbestos slate in this case on the land in this case (hereinafter "the house in this case"), the defendant C is residing in the house in this case, and the plaintiff claimed removal, delivery, and withdrawal against the defendants under the court 2008Ga35197, and the above judgment became final and conclusive at that time.
Therefore, barring special circumstances, the Plaintiff seeking the extension of prescription period for a final and conclusive judgment as an act of preserving jointly-owned property, and Defendant B has the duty to remove the instant house and deliver the site part thereof, and Defendant C has the duty to withdraw from the instant house.
In regard to this, Defendant C is residing in the instant house under the agreement with the Plaintiff’s attached E, and thus disputing the purport that he has a legitimate right to possess and use the said house. However, even according to the entries in the evidence No. 1 (Agreement) submitted by the above Defendant, the above Defendant is recognized as having agreed to leave without bearing the burden if the land owner wishes to move. Thus, the above Defendant’s assertion is rejected.
Therefore, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.