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The Defendant, as the Plaintiff
(a) The part on a ship that connects each point of the attached Form 1 drawings (1), (2), (3), (4), and (1);
Reasons
1. Determination
A. In full view of the purport of Gap evidence Nos. 1 and 2 and evidence Nos. 5 as to the cause of the claim, the plaintiff, who was a co-owner of the forest of this case, filed a lawsuit against other co-owners for partition of the jointly owned property under the Suwon District Court-Support 2015Kadan30756, Jun. 22, 2018, the above court rendered a judgment on August 22, 2018 by dividing the remainder of the forest of this case into owned by the plaintiff as owned by another co-owner, and around that time, the judgment became final and conclusive, and the fact that the steel pipe pipe Co. 1 of the defendant’s main text No. 1 is located within the two parts of the above ship.
According to the above facts, the Defendant is obligated to remove the said steel pipe pipe to the Plaintiff seeking the removal of interference based on ownership, and deliver the parts of the said steel pipe to the Plaintiff.
The plaintiff's claim that exceeds this shall not be accepted.
B. The Defendant’s assertion 1) The Defendant’s defense prior to the merits to the effect that the Plaintiff’s claim seeking the acceptance is unlawful, since the container and plastic houses located in E forest No. 14,631 square meters are not occupied by the Defendant, in Silung-si.
However, in a lawsuit for performance, the plaintiff's assertion itself does not require that the plaintiff's eligibility as a party is determined, and that the original defendant is the actual claimant for performance, or that it is not a person without any performance (the plaintiff withdrawn the above claim against the defendant in accordance with the application for modification of the purport of claim). 2) The defendant raised a defense to the effect that from around 1996, the defendant occupied the vinyl, etc. located in the forest of this case in peace and openly for twenty (20) years from 1996, and acquired the ownership of the vinyl portion of the steel pipe as stipulated in the order 1-A in the above part of the ship. However, there is no evidence to acknowledge it, the above defense is acceptable.