지료
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is the owner of the land indicated in attached Table No. 1 of the Real Estate List (hereinafter “instant land”).
H On March 31, 1996, he died on a ship (attached Form 1), which connects each point of which is indicated in the annexed Form 1, 2, 3, 4, 5, 6, and 1 among the land of this case, and owned the unregistered house of 54 square meters on the ground (attached Form 1 / [1] (hereinafter “instant building”).
The Defendants, upon inheritance from H, occupy the land of this case as its site (1/6 of the shares in inheritance).
Therefore, the Defendants are obligated to pay to the Plaintiff the amount of damages equivalent to the rent (or unjust enrichment equivalent to the rent) calculated from September 27, 2001 to September 26, 201, respectively, for each of the 4,956,50 won (i.e., 29,739,000 won x 1/6) as well as damages for delay. ② From September 27, 201 to the time of the removal of the instant building, the Defendants are obligated to pay the Plaintiff the amount of damages equivalent to the rent (i.e., 505,83 won (i., 3,035,000 won x 1/6, and 1/6) calculated respectively.
2. Determination Gap evidence Nos. 1-5, 7-13, Eul evidence Nos. 1, 2, 3, 6, 11-18 (including paper numbers), and appraiser I's measurement and appraisal result, in light of the following circumstances where it is possible to see the overall purport of the arguments as to the fact-finding results on the authorized head of this court, it is insufficient to recognize that the building in this case was owned by H solely on the basis of Gap evidence Nos. 1-2, 2-14, and the result of the order issued to submit tax information to the authorized head of this court, and there is no other evidence to prove otherwise.
① On October 12, 1978, H, the mother of the Defendants, completed the registration of ownership transfer on October 11, 1978 with respect to the houses listed in paragraph (2) of the attached Table of Real Estate List (hereinafter “J Housing”).
H is residing in J’s house
Since March 1987, after moving a few times of address to Seoul, etc., the above J re-transfered to the house on March 1990, and there was no address in the building of this case (the location: the Gangwon National University K), which had no address in the building of this case.
(No. 6) H died on March 31, 1996, and J’s Housing was removed on May 27, 2010 and removed.