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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
Basic Facts
The parties to the case (appointed parties; hereinafter referred to as the “Plaintiffs”) and the designated parties indicated in the list of designated parties A and attached Form 1 (hereinafter referred to as the “Plaintiffs,” both the Plaintiff and the designated parties, are co-owners who own a majority of their share rights as indicated below with respect to 7,032 square meters (hereinafter referred to as the “instant land”).
[ table] Co-owners' shares in the land of this case were acquired at the first date of acquisition by the plaintiffs (appointed parties) A 20.75/132, Jun. 23, 1990, the total share of the plaintiffs E 114.6/132, Jun. 23, 1990, G 12.97/132, G 12.97/132, H 1.08/132, J 1/132, J 1/132, J 1/132, J 3/132, L. 3/132, the remaining 13/132, M.4/132, N. 132N3/132, 132/132/132, 132/132/132 of the plaintiffs, and the list of the plaintiffs and P.C. buildings of this case (P. 1.7) and (3) 1/13/1/1/137) of the buildings of this case.
On December 22, 2010, the Plaintiff, Selection E, F, H, and G filed a lawsuit against C on December 22, 2010 for the removal of each of the instant buildings based on the act of preserving jointly-owned property, delivery of the instant land, and return of unjust enrichment equivalent to the rent.
(Seoul Central District Court 2010Kahap131468). On December 28, 2011, the first instance court rendered a judgment in favor of the plaintiffs on the ground that "the superficies contract that P entered into with the above plaintiffs' father R on January 15, 1979 was terminated on March 8, 2007, and thereafter C possessed each of the buildings of this case without legitimate title."