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1. The defendant,
A. Of the 833 square meters in Seosan-si D, Seosan-si, Plaintiff A each point of the attached Form No. 4, 5, 6, 7, and 4.
Reasons
1. Facts of recognition;
A. Plaintiff A owns D large-scale D 833 square meters (hereinafter “1 land”), and Plaintiff B owns 744 square meters (hereinafter “2 land”) in Seosan-si, Seosan-si.
B. The Defendant owns a 572m2 F. F. 572m2 and its ground mentor block, fence, and mentor block mentor block one story factory (hereinafter “instant factory”) between the land No. 1 and the land No. 2.
C. However, part of the factory of this case among the land No. 1, the part indicated in paragraph (a) of paragraph (2) of paragraph (1) of this Article among the land No. 1 and the part indicated in paragraph (b) of paragraph (1) of this Article among the land No. 2 of this case
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 3 and 4 (including each number, if any), and the result of appraisal commission to the President of the YYYYYYYYYYYYYYYYYY, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant owned the factory of this case on each of the land owned by the plaintiffs and occupied the site.
Therefore, the Defendant has a duty to remove the part of (i) part of the instant factory on the land A, deliver the said land to the Plaintiff, remove the part of (i) of the instant factory on the land B, and deliver the said land to the Plaintiff B.
B. The defendant asserts that the plaintiffs' respective claims are abuse of rights.
However, for the purpose of the exercise of the right to be an abuse of the right, the objective of the exercise of the right is only to inflict pain and damage on the other party, and there should be no benefit to the person who exercises the right, and objectively, the exercise of the right should be deemed to be in violation of social order, and unless it falls under such cases, the benefit that the exercise of the right gains from the exercise of the right.