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1. The defendant marks 11, 12, 13, 14, 15, 16, 17, 18, and 11 of the annexed drawings on the ground of 11,12, 13, 14, 15, 16, 17, 18, and 11.
Reasons
1. The Plaintiffs are co-owners of 11,000 square meters of forest E (hereinafter “instant land”). The Defendant is a person who occupies 52 square meters of housing of 1,000 square meters of cement structure in the instant land (hereinafter “instant housing”) among the said land in turn connected each point of the attached Form 11, 12, 13, 14, 15, 16, 17, 18, and 11.
[Ground of recognition] Facts without dispute between the parties; Gap evidence Nos. 1 and 2; the result of the commission of surveying and appraisal to the Korea Land Information Corporation; the result of fact inquiry to the vice president of the Korea Land Information Corporation; the purport of the entire pleadings
2. Determination
A. 1) The plaintiffs, who are the owners of the land of this case, can seek to leave the house of this case based on ownership. 2) The defendant's assertion is as follows.
In other words, F is the owner of the instant housing, and the said housing was newly built with the consent of land use from the Plaintiffs, who are the owners of the instant land. Since the death of F, G succeeded to F’s property, and H entered into a lease agreement with F on the instant housing with F.
Since the lease contract is implicitly renewed and the defendant resides in the above house, the defendant has the right to possess the house of this case based on the right of lease.
B. Even in cases where the owner of land is entitled to demand the owner of the building to remove the building and deliver the site on the ground that the building has no right to use the land for its existence, if a person other than the owner of the building occupies the building, the owner of the land shall not implement the removal, etc. of the building unless such a removal is made.
Therefore, the land ownership is likely to interfere with the smooth realization of the land by the above possession. Therefore, the land owner is based on his own ownership.