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1. The Defendants are attached to the Plaintiffs, among the temporary buildings of the board roof installed on the rail of the building indicated in the attached Form.
Reasons
1. Basic facts
A. The Plaintiffs are the owners of No. 14 and No. 17 A-17 on the first floor among the buildings listed in the attached list, which are an aggregate building (hereinafter “instant building”). The Plaintiffs are the co-ownership right holders of three parcels outside Busan Jung-gu, Busan (hereinafter “instant site”), the site for the instant building (hereinafter “instant site”), and the Defendants are the owners of No. 19 of the second floor among the instant buildings (hereinafter “Defendant stores”).
B. Regarding the part(a) and the part(b) above the ground level used as a part of the business building of the first floor of this case, the part of the attached drawing indication (A) and the part(b) above the second floor of this case is constructed with a railing with protruding the outer wall of this case and a tent of the first floor of this case (hereinafter “the temporary building of this case”). Among them, the area of the part(a) indicated in the attached drawing indication of the attached drawing is 0.9 square meters, and the area of the said part(b) is 23.6 square meters, and the Defendants occupied the temporary building of this case and used it for the purpose of a toilet and a warehouse.
[Ground of recognition] In the absence of dispute, Gap's statements and images (including numbered numbers in the case of additional statements), witness H's testimony, part of the appraisal entrusted to the Korea Cadastral Corporation, the result of the on-site verification by this court, the whole purport of arguments, as a result of the on-site verification by this court
2. Determination as to the cause of claim
A. Even if a co-owner owns shares in the relevant legal principles, he/she cannot exclusively possess, use, and benefit from, the article jointly owned without consultation with other co-owners. Thus, even if his/her shares fall short of a majority of the shares held by the co-owners, other co-owners may demand the delivery of the article jointly owned as an act of preserving the article jointly owned.
(see, e.g., Supreme Court en banc Decision 93Da9392, Mar. 22, 1994). In addition, whether a part of an aggregate building is a section for exclusive use or common use is established.