건물철거등
1. The plaintiff's appeal is dismissed.
2. The costs of lawsuit after filing an appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Facts of recognition;
A. The Plaintiff completed the registration of ownership transfer on April 26, 1990 with respect to the I 595 square meters (hereinafter “instant land”) with respect to the Plaintiff’s I 595 square meters (hereinafter “instant land”).
B. Since January 1, 1985, C occupied the instant land by owning each of the above parts of (4) to (10) on the ground of this case’s land, by owning each of the above parts of (4) to (10) earth, brick, straw-projected storages for each ground, cement block building, residential facilities for cement block (part of a wooden wooden structure), cement straw-project storage, wooden string roof (non-foresting facilities), cement block straw-project storage, cement block straw-project toilet, and plastic houses (hereinafter collectively “the instant buildings”).
C. C died on January 25, 2020, and the Defendants are co-property inheritors of the network C (hereinafter “the deceased”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. Determination
A. According to the above facts of recognition as the cause of the claim, the Defendants owned the instant building inherited from the Deceased on the ground of the instant land owned by the Plaintiff and owned the instant land. Thus, the Defendants are obligated to remove the instant building to the Plaintiff, deliver the instant land, and return unjust enrichment equivalent to the rent in proportion to their shares of inheritance, barring any special circumstance.
B. On January 9, 1985, the Deceased’s summary of the defense of the Defendant’s completion of the statute of limitations (1) acquired the statute of limitations, as it purchased the instant land and the instant building from D (former E) and occupied it in peace and openly and openly with the intent to own it for twenty (20) years. (2) In the relevant legal doctrine, it is not determined by the internal deliberation of the possessor, but by the nature of the title that caused the possession, or all the circumstances related to the possession of the title that caused the possession.