청구이의
1. Revocation of the first instance judgment.
2. On January 16, 2015, the Defendant’s Gwangju District Court Decision 2014Kadan11890 Decided January 16, 2015.
1. Basic facts
A. The Plaintiffs are co-owners of the land listed in paragraphs 2 and 4 and the buildings listed in paragraphs 3 and 5 of the attached Table 1 “Real Estate List”.
(B) On August 13, 2015, when the J was under way to file a previous lawsuit with the Defendant, the Plaintiffs, their wife and children, inherited their shares and taken over the previous lawsuit).
The Defendant was the owner of the land indicated in paragraph (1) (hereinafter “instant land”) out of the same list adjacent to the Plaintiffs’ above land. A person who completed the registration of ownership transfer with respect to the instant land to the Defendant’s successor on February 23, 2018 when the first instance court was pending.
다. 피고는 2014년경 J, A, F을 상대로 건물철거 및 토지인도 청구소송을 제기하여(광주지방법원 2014가단11890호), 2015. 1. 16. 광주지방법원으로부터 "1. J, A는 G에게 이 사건 토지 중 별지2 도면 표시 ㄴ, ㅂ, ㅅ, ㅇ, ㅈ, ㄷ, ㄴ의 각 점을 순차 연결한 선내 (나)부분 14㎡ 지상 같은 도면 표시 ㅋ, ㅌ, ㅍ, ㅎ, ㅋ의 각 점을 순차 연결한 선내 (라)부분 3㎡ 블럭조 슬라브 창고, 블럭 담장(길이 17.3m, 높이 1.8m), 붉은 벽돌조 담장(길이 0.8m, 높이 2m), 지하 하수맨홀 및 그 시설물을 각 철거하고, 위 (나)부분 14㎡를 인도하며,
2.F removes to G the fence (7.3m, height 1.6m, height 4.5m, height 2m) on the ground of 7m2, which connects each point of the same map to G, and remove the fence (0.8m, height 2m) on the ground of 7m2, which connects each point of the same map to G, and 7m3m2.
"A part of the winning judgment was rendered, and both appeals and appeals by the J, A and F against the above judgment were dismissed, and the above judgment became final and conclusive on December 15, 2016.
The previous lawsuit shall be referred to as "previous lawsuit" or "previous judgment".
The plaintiffs of this case, who are their wife and children, have died while the appeal is pending.