1. Of the judgment of the court of first instance, the part of the Plaintiff’s claim against Defendant H is modified as follows.

Defendant H shall be free from time to time.

1. Facts of recognition;

A. The Plaintiff is a co-owner who holds 2016/25200 shares of J-gu Seoul Special Self-Governing Zone J. 10,562 square meters (hereinafter “instant land”).

B. Defendants B, D, H, etc. possess each object on the ground of the instant land as indicated below and possess each part of the land.

소유자 목적물 점유, 사용 토지 피고 B 등 ㅊ 건물 117㎡ 별지 감정도 표시 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 23의 각 점을 차례로 연결한 선내 (라) 부분 959㎡ ㅋ 건물 232㎡ ㅌ 하우스 24㎡ ㅍ 컨테이너 13㎡ 피고 D ㅂ 건물 20㎡ 별지 감정도 표시 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 12의 각 점을 차례로 연결한 선내 (다) 부분 550㎡ ㅅ 건물 29㎡ ㅇ 건물 103㎡ ㅈ 건물 31㎡ 피고 H ㅁ 건물 64㎡ 별지 감정도 표시 1, 2, 3, 4, 5, 6, 7, 1의 각 점을 차례로 연결한 선내 (가) 부분 846㎡ 지상에 위치한 ㄱ 건물 88㎡, ㄴ 건물 17㎡, ㄷ 건물 32㎡, ㄹ 건물 39㎡

C. Meanwhile, Defendant F and G occupy and use the portion of 144 square meters in the ship (B) connected in order to each point of 8,9,10,11, and 8 attached appraisal of the instant land, among the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, images of evidence 2-1 to 6 of evidence 2, partial testimony of witness L of the first instance court, result of surveying and appraisal by the first instance appraiser K of the first instance court, purport of the whole pleadings

2. The assertion and judgment

A. The decision on the cause of the claim against Defendant F and G is a factual act that constitutes a final disposition of ownership. Thus, in principle, the right to remove and dispose of the building is limited to the owner of the building (in principle, the title holder is registered under the Civil Act).

As an exception, the right to remove and dispose of a building, such as purchasing and possessing the building from the former owner, etc., within the scope of the right, has also the right to remove and dispose of the building legally or in fact.

Supreme Court Decision 2002Da61521 Delivered on January 24, 2003