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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. Basic facts - The Plaintiffs share 2,621 square meters of the warehouse site in Kimcheon-si D, Kimcheon-si (hereinafter “instant land”) in 1/2 shares.
- The Defendant has brought containers on the ground of the indication of the attached drawing(A) among the instant land (hereinafter “instant containers”) and has occupied them.
- In addition, the Defendant stores waste materials, etc. for construction (hereinafter referred to as “waste materials of this case”) on the ground in the indication of the attached drawing(a) and (b) of the instant land.
[Ground of recognition] Facts without dispute, evidence A1 through 7 (including paper numbers), the result of the survey and appraisal conducted by the court of first instance, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above findings of the determination as to the cause of the claim, the defendant is obligated to withdraw from the container of this case, remove the container of this case, and ② collect the waste of this case, and ③ to deliver each part of the land of this case, which is the site of the container of this case and the waste of this case.
(other than this, the defendant's assertion that he is only the owner of the container of this case and does not possess the container of this case is rejected).
The defendant's assertion is alleged to the purport that the removal, removal, etc. of the part which is not necessary for the plaintiffs to the extent that they do not seek removal, etc. as to the part which is beneficial to them. However, the land owner is not obliged to claim removal of interference with the goods, etc. which are beneficial to their land use. Thus, the defendant's above assertion is without merit.
3. If so, the plaintiffs' claim of this case should be accepted for all reasons.
The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.