1. The Defendant connects the Plaintiffs with each point of the attached Form No. 1, 2, 3, 4, and 1 among the area of 77 square meters in women’s city.

Facts of recognition

The Plaintiffs completed the registration of transfer of ownership as of November 12, 2019 with respect to one-half shares of each of the lands listed in the Disposition No. 1 (E in leisure time).

The Defendant is an occupant of a building without permission (hereinafter “instant building”) with a concrete structure near F 50 square meters above ground at the time of inn, which is a neighboring land, and is in a position to dispose of the instant building by law.

However, the instant building is located on the ground of part (A) of 9.9 square meters (hereinafter “the occupied part of this case”) that connects each point of the attached Form 1, 2, 3, 4, and 1 among the land indicated in the said paragraph, which is owned by the Plaintiffs.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 6, and the judgment of the court below as to the ground for a claim as to the purport of the whole pleadings, barring any special circumstance, the defendant is in a position to dispose of the building of this case by law, and is obligated to remove the ground part of the building of this case to the plaintiffs who are the owners of the occupied part of this case, and to deliver the occupied part of this case.

The defendant's assertion asserts that the plaintiffs' claim of this case constitutes abuse of rights.

However, the evidence or circumstances presented by the defendant alone are merely trying to give pain to the other party and inflict damages on the other party, and there is no benefit to the plaintiffs, or the exercise of the rights is difficult to be considered as violating social order and there is no other evidence to acknowledge it otherwise.

Therefore, the defendant's above assertion is without merit.

On the other hand, although the defendant alleged that the acquisition of prescription has expired, the above assertion is without merit, unless there is any assertion or proof as to the necessary facts, such as the specific time of commencement of possession and the period of possession.

The plaintiff's claim is justified.