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1. The Plaintiff:
A. Defendant B is respectively indicated in the attached sheet No. 2, 3, 4, 5, 10, 9, 8, and 2, among the land size of 113 square meters in Namyang-si, Namyang-si.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of 113 square meters in Namyang-si, Namyang-si (hereinafter “instant land”).
B. A building constructed by Nonparty F occupies three lots, including the instant land, Namyang-si, Namyang-si, and H. The location and size of the instant building occupying the instant land is 2,3,4,5, 10, 9, 8, and 27 square meters in the ship, which successively connects each point of the following points in attached appraisal sheet 2, 3, 4, 5, 10, 9, 8, and 22 (hereinafter “instant occupied part”).
C. On January 2017, Defendant B paid KRW 40 million to the heir of F who succeeded to the instant building, along with Nonparty I and Nonparty J District Housing Association, and received the ownership of the instant building.
The electricity charges on the building of this case are imposed in the name of Defendant C.
E. Defendant D borrowed the instant building from Defendant B without compensation.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5 (including the number number; hereinafter the same shall apply)
2. Assertion and determination
A. Defendant B and C, the owner of the instant building, around the Plaintiff’s assertion, occupy the part of the instant building without permission. As such, the said Defendants are obligated to remove the part of the instant building located on the ground and deliver the said part of the building to the Plaintiff.
Preliminaryly, if Defendant C is not the owner of the building of this case, Defendant C is obligated to withdraw from the part located on the ground of the above possession of the building of this case.
B. According to the above facts of recognition as to the cause of the claim, Defendant B, the owner of the instant building, is excluded from interference with the ownership of the instant land, and is obligated to remove the part of the instant building located on the ground and deliver the said occupied part to the Plaintiff, except in extenuating circumstances.