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1. The Plaintiff:
A. The Defendants are indicated with respect to each of 1/3 shares in the annexed sheet No. 1, as indicated in the annexed sheet.
Reasons
1. Basic facts
A. The Plaintiff is the owner who was awarded a successful bid for each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) and paid the price on June 4, 2019 and completed the registration of ownership transfer on the same day. E is the owner of (i) the portion of the land listed in the separate sheet in paragraph (1) of the attached Table, which connects each of the items in the (ii) section of the general steel structure, 170 square meters in sequence, and 5,6,7,8, and 5 of the same drawings among the land listed in paragraph (2) of the attached Table, and is the owner of the (b) the block structure, 20.1 square meters in storage of the sloping roof roof (hereinafter “each of the instant buildings”) among the land listed in paragraph (1) of the attached Table.
B. E died on January 20, 2019, and the Defendants, their children, jointly succeeded to their respective shares of 1/3.
C. Defendant C was adjudicated on August 28, 2019 to accept the above report from the said court on August 28, 2019, by filing a report on the approval of inheritance succession to E’s inherited property with the Daejeon Family Court Branch 2019-Ma263.
[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 3, and the purport of whole pleading
2. According to the above facts, the defendants are obligated to remove each of the buildings of this case and deliver each of the lands of this case to the plaintiff, who is the owner of each of the lands of this case.
[The duty of the co-inheritors to remove and deliver the buildings, etc. is indivisible in its nature, and the co-inheritors bear the duty to remove and deliver the buildings, etc. within the limits of their respective shares (see, e.g., Supreme Court Decision 80Da756, Jun. 24, 1980). In addition, since buildings under social norms cannot exist regardless of their site, land constituting the site for the building shall be deemed to be possessed by the owner of the building. In such cases, even if the owner of the building does not actually occupy the building or its site, the land for the building shall be deemed to be owned by the owner of the building.