토지인도
1. All of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. A. Around April 25, 2011, the networkF (hereinafter “the network”) owned the land indicated in the separate sheet (hereinafter “instant land”) around April 25, 201.
B. On April 25, 2011, the Defendant newly built the instant land and the instant building on the ground of 2,146 square meters in land owned by the Defendant, Gyeongnam-gun G Religious Site 2,146 square meters (hereinafter “instant building”), and owned and used the instant building from around that time.
C. The Deceased died on May 30, 2015, and the Plaintiffs and the Defendant inherited each of the shares of the instant land from the Deceased.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings
2. As to the plaintiffs' grounds of claim and the defendant's defense
A. The gist of the plaintiffs' assertion 1) The plaintiffs and the defendant shared 1/5 shares of the land in this case, and the defendant, which is only a 1/5 equity right holder, uses the entire land in this case for the ownership and use of the building in its own possession. Therefore, the plaintiffs who are the majority equity right holder seek to remove the building in this case, transfer the land in this case, and return of unjust enrichment from the use and profit of the land in this case against the defendant. 2) At the time the defendant's assertion that the defendant, at the time of constructing the building in this case on the ground of the land in this case, the deceased who had owned the land at the time of the construction of the
However, since the plaintiffs comprehensively take over the status of the deceased as the inheritor of the deceased, they should allow the defendant to use the land of this case without compensation during the existence of the building of this case according to the consent of the deceased's use. The plaintiffs' claims on different premise are without merit.
B. The matters concerning the management of the article jointly owned are a majority of co-owners' shares.