건물등철거
1. As to the final shares in the inheritance indicated in the attached Form (1) to the Plaintiff:
A. Attached Form (2).
1. Facts of recognition;
A. The Plaintiff is the owner of the land indicated in attached Form (2) No. 1 (hereinafter “instant land”), and completed the registration of ownership transfer on April 9, 2014.
B. On the ground of the instant land, there is a building indicated in attached Form (2) of “the indication of real estate” (hereinafter “instant building”).
The general building ledger (No. 2) of the building of this case, which is unregistered building, is indicated as the owner of the network N (the deceased on October 25, 1981). The date of approval for use is 1935.
C. The Defendants inherited the deceased and shared the building of this case in the same manner as the final inheritance shares indicated in the attached Form (1). However, there was no separate agreement with the Plaintiff regarding the use and profit-making of the land of this case, which is the relevant site.
[Ground of recognition] Defendants 1, 5, 6, 8, 9, 11, 12: The absence of dispute, Gap evidence Nos. 1-1 through 6-3, Gap evidence No. 8-8, and the remainder of the purport of the whole pleadings: The confession (Article 150(3) of the Civil Procedure Act)
2. Determination
A. According to the above facts, the defendants owned their respective shares on the land of this case owned by the plaintiff and illegally occupied the site corresponding to their shares in the building site. Thus, barring any special circumstance, the plaintiff is obligated to remove the building of this case as to the final shares in the "Indication of Inheritance" in attached Form (1) and deliver the land of this case.
[Lawsuit as to the return or removal of an article jointly owned is a lawsuit seeking delivery or removal to each co-owner only within the limits of his/her share in the case (see Supreme Court Decision 69Da609 delivered on July 22, 1969).
As to this, Defendant B, F, I, and G had completed registration of preservation of ownership of the instant land around 1922, and they had constructed, owned, and owned the instant building, and around 1937, Defendant B (the husband of Defendant F, I, and G and the husband of Defendant B).