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1. As to Plaintiff A’s KRW 2,00,00, and KRW 500,000 for each of the said money and each of the said money, the Defendant shall start from February 19, 2016 to January 2018.
Reasons
1. Basic facts
A. D and E own 60/40 shares out of the instant land, and E own 340/40 shares of 340/40 shares, respectively, as co-owners of the F132 square meters in Busan-gu, Busan-gu (hereinafter “instant land”).
B. In around 1972, E constructed a 2nd floor structure store and housing building (hereinafter “1”) on the instant land. D also constructed a 2nd floor structure store and housing building on the instant land (hereinafter “2nd building”) around April 1977.
C. Meanwhile, the second building was constructed in a state where the wall surface and the first building are attached without obtaining a lawful building permit or completing a building report under Article 5 of the former Building Act (amended by Act No. 3073 of Dec. 31, 1977), and later, it was extended to the third floor without permission. Part of the third floor was constructed on the rooftop of the first building.
D has completed the registration of ownership preservation of the building No. 2 on May 8, 1986, and on the same day, the plaintiff A completed the registration of ownership transfer concerning D's co-ownership shares (60/40) out of the building No. 2 and the land of this case on May 7, 1986.
E. G completed the registration of ownership transfer with respect to E’s shares (340/40) and building 1 out of the instant land due to inheritance by consultation and division on June 8, 1995.
F. Plaintiff B is the wife of Plaintiff A, and the Defendant is the mother of G.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 7, Eul evidence Nos. 2 and 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the facts of the cause of action
A. The plaintiffs' assertion and the defendant have a dispute over the use of the building Nos. 1 and 2. On November 2014, the defendant found the commercial points operated by the plaintiff A in the building No. 2 and took a bath for the plaintiff A to discontinue the business with the wind to obstruct the business by avoiding disturbance, and it was destroyed by the building No. 2 at the competent registry office on September 11, 2014.