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1. The Plaintiff:
A. Defendant C, D, E, H, and G shall remove each of the buildings listed in the separate sheet No. 2 and set forth in the separate sheet No. 1.
Reasons
1. Basic facts
A. On January 24, 2011, the Plaintiff purchased land listed in attached Table 1 (hereinafter “instant land”) in the case of application for a compulsory auction of I real estate at the Changwon District Court through the Changwon District Court, and completed the registration of ownership transfer on January 28, 201.
B. The J constructed each of the buildings listed in the separate sheet No. 2 (hereinafter referred to as the “instant building”) on the instant land and registered it on the building ledger as its owner. The registration of preservation of ownership was not completed, and died on November 10, 1990. Defendant C succeeded to the ownership of the instant building as his wife, Defendant D, E, F, and G’s child, and Defendant B is residing in the instant building as of the date of closing argument of the instant case.
[Ground of recognition] Defendant B, E, and F: Each entry in Gap evidence Nos. 1 through 5 (including branch numbers, if any), the purport of the whole pleadings, and the conclusion of the confession as to Defendant C, D, and G under Article 150(3) of the Civil Procedure Act
2. The parties' assertion and judgment
A. According to the facts of determination as to the cause of the claim, the Defendants violated the Plaintiff’s ownership of the instant land by owning or occupying the instant building located on the instant land. Thus, Defendant C, D, E, F, and G, as the owner of the instant building, has the duty to remove the said building and deliver the instant land to the Plaintiff, and Defendant B, as the possessor of the instant building, has the duty to leave the said building.
B. As to Defendant E’s assertion, all of the instant land and buildings owned by Defendant E. The Plaintiff acquired ownership of the instant land in the case of application for compulsory auction of real estate, and had the owner of the land and buildings different from that of the instant land in the case of application for compulsory auction of real estate, Defendant E acquired legal superficies to own the said building, and the Plaintiff has legitimate legal superficies.