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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 4, 6 to 8 and Eul evidence No. 1, 3 to 11.
G purchased the instant land on April 10, 1974 and completed the registration of ownership transfer on August 31, 1981, G constructed on the ground of the said land two-storys of cement brick structure, sloping roof (hereinafter “instant housing”), but did not complete the registration of ownership preservation on the said housing.
B. G, upon the death of April 9, 1996, 3/15 of the designated parties to the instant land and housing were jointly owned by 3/15 of the designated parties, 5 of the remaining designated parties, and the Defendant (appointed parties) at each share of 2/15.
C. However, the Appointed F’s 3/15 share in the instant land was sold in the compulsory auction procedure at the request of H Co., Ltd., and the I and J purchased it on June 8, 2017. As to the 2/15 share in K’s 2/15 share, the public auction procedure was in progress, and the said share was acquired on December 26, 2018.
On the other hand, I and J filed a lawsuit claiming partition of co-owned property against L, M, N,O, and K, who are the remaining co-owners of the land of this case, and this court rendered a judgment on December 13, 2017 that the land of this case, etc. was put up for auction and divided (2017da52882). According to the above judgment, I and P applied for auction of the land of this case for auction and acquired the ownership thereof on March 27, 2019.
2. Determination
A. On the ground of the instant land, the Plaintiff asserted that the Defendant (Appointed) and the designated parties own the instant housing without title, and the Defendant C and the designated parties F occupy it. As such, the Defendant C and the designated parties F withdraw from the occupied part, and the Defendant (Appointed) and the designated parties shall remove the instant housing and deliver the said part of the land to the Plaintiff.