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1. The Defendants jointly carry out the indication of the attached Form, , , and 1 of the 93m2 in the JJ of Jeon-gun, Jeonbuk-gun, Jeonbuk-gun.
Reasons
1. Facts of recognition;
A. On November 26, 2012, the Plaintiff completed the registration of ownership transfer on November 23, 2012 with respect to 93 square meters (hereinafter “instant land”). On the ground, the Plaintiff constructed one house (hereinafter “Plaintiff-owned house”) on the ground.
B. Around 1987, the network K constructed one unit of a block structure roof one story warehouse (hereinafter “instant warehouse”) on the ground adjacent to the instant land (hereinafter “instant warehouse”). The instant warehouse installed the part as indicated in paragraph (1) of the disposition among the instant land (hereinafter “instant part of land”).
C. On October 9, 2005, the Deceased died after having left the remaining Defendants, who are the Defendant C and their children, who were the bereaved family members.
[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 14 evidence (including each number in the case of additional evidence) or video, the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment as to the cause of the claim, the defendants inherited each of their inheritance shares on October 9, 2005, the defendant C 3/17 shares, and the remaining defendants inherited 2/17 shares, respectively. The part of the land of this case, which is the plaintiff's ownership, is jointly occupied by sharing the warehouse on the ground of the land of this case.
Therefore, barring special circumstances, such as the right to possess the land of this case, the Defendants jointly remove the part above the ground of this case among the warehouse of this case, and have a duty to deliver the part of this case to the Plaintiff, as the removal of interference based on ownership and the return of owned property.
The Plaintiff asserts that the Defendants filed a claim against the Defendants for removal of the remainder of the land of this case, other than the ground part, among the warehouse of this case. However, as long as the Plaintiff’s land ownership does not extend to the remainder of the land of this case.