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1. The defendant against the plaintiffs
(a) remove each building listed in the annex 2 list;
(b) Appendix 1 Schedule 1.
Reasons
1. Facts of recognition;
A. H and I shared 1/2 shares of each of the instant real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”). On October 1, 2008, the court rendered a decision to voluntarily commence the auction as to each of the instant real estate on October 1, 2008, and on April 1, 2009, the Plaintiff A (HHH Da) purchased 2/7 of the instant real estate from among the instant real estate and the remaining Plaintiffs (Plaintiff E is his wife’s wife, Plaintiff C, the same children of H, Plaintiff C, and H Ha’s fraud), and completed the registration of ownership transfer on the 8th day of the same month.
B. The Defendant, while selling construction materials, occupies one real estate listed in the separate sheet No. 1 (hereinafter “instant building”) and constructed each building listed in the separate sheet No. 2-9 on the ground of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant land”) around 1995, and uses it as a warehouse, etc. until now.
C. From April 9, 2009 to April 8, 2015, the total amount of rent for each of the instant real estate is KRW 238,457,050, and the monthly rent for each of the instant real estate after April 9, 2015 is KRW 3,459,780.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-1-9, appraiser K's appraisal result, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the Defendant is obligated to remove each of the instant unauthorized buildings without permission and deliver each of the instant real estate to the Plaintiffs seeking the exclusion of interference, as it occupied each of the instant land while owning each of the instant land, and occupied the instant building while selling construction materials, thereby hindering the Plaintiffs’ ownership.
B. The defendant does not have any legal ground in relation to the plaintiffs who are the owners of the real estate of this case.