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1. Defendant B may appraise the Plaintiff in attached Form 1, among the 66m2 in Gyeyang-gu, Gyeyang-gu, Soyang-gu, Seoul.
Reasons
1. Basic facts
A. On June 24, 2017, the Plaintiff completed the registration of ownership transfer under Article 101061 on August 21, 2017 with respect to the land of Gyeyang-gu Seoul Metropolitan City D large 66 square meters (hereinafter “Plaintiff’s land”).
B. Defendant B is the owner of the building listed in attached Table No. 1 (hereinafter “instant building”) and the Defendant C is the owner of the building listed in attached Table No. 2 of the attached Table No. 2 (hereinafter “instant building”).
C. The building of Defendant B, among the Plaintiff’s land, was built on each unit of eight square meters in the part on the ship (hereinafter “section 2”) connected with each point of the attached Table 1, 2, 10, 9, and 1, and the attached Table 2, 3, 4, 5, 13, 12, 11, 10, and 2, the attached Table 2, 3, 4, 5, 13, 12, 11, 10, among the Plaintiff’s land. The building of the Defendant C, which successively connects each point of the Plaintiff’s land, is 8 square meters in the part on the ship (hereinafter “section 3
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including the number of branch offices; hereinafter the same shall apply), the result of the appraisal commission to the Korea Land Information Corporation and the Korea Land Information Corporation and the branch offices, the purport of the whole pleadings
2. Determination
A. According to the facts established prior to the determination as to the cause of the claim, according to the Plaintiff’s right to claim the obstruction of the Plaintiff’s ownership (Article 214 of the Civil Act) and the right to claim the return of owned property (Article 213 of the Civil Act), the Defendant B is obligated to remove the part constructed on the ground of the part of the Defendant B’s building in this case on the ground of the second part of the building in this case and deliver the land to the Plaintiff. Defendant C is obligated to remove the part constructed on the ground of the third part of the building in this case
B. On July 10, 1973, Defendant B’s division of Defendant B purchased the building of this case on July 10, 1973, and on February 28, 1991, Defendant B’s mother-child succeeded to it, and on October 21, 199, Defendant B acquired it as gift.