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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff, the cause of the claim, is co-owners who own 3/9 of the total area of 160.7 square meters in Busan E, and Defendant B, the owner of neighboring F and ground buildings, and Defendant D are the owners of neighboring G and ground buildings. Each of the above buildings owned by Defendant B and D, as indicated in the purport of the claim, are constructed by 2 square meters in each of the instant land owned by the Plaintiff (hereinafter “the instant premises in dispute”) as indicated in the purport of the claim.
Therefore, Defendant B and D are obligated to remove the pertinent building part constructed in the instant dispute and deliver the said dispute part to the Plaintiff, and pay KRW 100,000 per month in return for unjust enrichment from the day following the delivery of the complaint of this case to the day of the completion of delivery of the said dispute. Defendant C, who leased the first floor of the said building from Defendant B, engaged in restaurant business, has the obligation to leave the Plaintiff out of the said 2 square meters which Defendant B violated.
2. Determination
A. Comprehensively taking account of the overall purport of the pleadings with respect to the claim for removal and the claim for delivery against Defendant B and D, the Plaintiff asserted that the above Defendants were built by Defendant B and D, as the court 201Gadan70189, each of the instant land was invaded by three square meters, and filed a lawsuit seeking the removal of the relevant building and delivery of each of the said three square meters of land (hereinafter “the instant previous lawsuit”). The court rendered a judgment dismissing the Plaintiff’s claim on April 27, 2012. The Plaintiff appealed as the court 2012Na835, and the instant court rendered a judgment dismissing the Plaintiff’s appeal on September 20, 2012. The final appeal period and the final final final judgment became final and conclusive, and the part of the instant lawsuit is recognized as part of each of the said three square meters of land.
According to the above facts, among the lawsuit of this case, the part of the claim for removal and the claim for delivery against the above Defendants constitutes the same claim as the previous lawsuit of this case finalized as above.