건물등철거
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The Plaintiffs are co-owners of the instant land purchased from E and F.
The Defendant has long owned a building on the G site abutting on the instant land for a long time.
However, the attached appraisal, which is part of the two buildings owned by the defendant, is constructed on the land in this case by the 51 square meters [the relevant part of (c) and (d) of the above part of (c) and the part of (d) of the assembly type board building (hereinafter referred to as the "relevant building"] indicating the 24 square meters of the building on board and the attached appraisal map of (c) part of the building on board, and the part of the land in this case is used as the building on the part of the defendant's building, and the defendant occupies and uses the land of 244 square meters of the attached Form among the land in this case
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 9, the result of appraisal, the purport of the whole pleadings]
2. Determination on the claim
A. According to the above facts, unless the defendant proves that the owner of the land of this case has a legitimate right to use the occupied part of this case, the owner of the land of this case has a duty to remove the relevant building and deliver the occupied part of this case.
B. On July 17, 2018, the Defendant planned that the Plaintiff would move to the nearest part of the instant land and receive compensation for the said building owned by the Defendant, which was the case with H (F’s husband) who represented by the Plaintiffs on July 17, 2018, and that “the Defendant would use the relevant building owned by the Defendant and the occupied part of the instant building until the compensation is made, and the compensation for the said building should be divided by 1/2 by 1/2” (hereinafter “instant agreement”), and signed and sealed both parties and exchanged documents directly prepared by the other party.
[Reasons for Recognition: The above fact that there is no dispute, Gap evidence No. 10, and the purport of the whole pleadings] According to the above facts, the defendant uses the occupied part of this case until the relevant building owned by the defendant is compensated in accordance with the agreement of this case.