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1. The defendant points out of the real estate listed in the separate sheet to the plaintiff each point of the attached sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.
Reasons
1. Basic facts
A. On April 11, 2018, the Plaintiff purchased 1/2 of the real estate listed in the separate sheet (hereinafter “instant land”) and completed the registration of ownership transfer on April 13, 2018.
B. Of the prefabricated structure low temperature warehouses owned by the Defendant, some of the parts of the storage are as follows: (a) the part (a) part (a) of the attached Form No. 19 square meters connected in order to each point of the instant land (hereinafter “part (a) in a ship”) among the instant land; and (b) the part of the warehouse of the string-type roof assembly type store owned by the Defendant among the warehouse of the string-type panel structure owned by the Defendant is as follows: 8,9, 10, 11, 12, 13, 14, 14, 15, 16, and 8 of the attached Form No. 8,2, 3, 4, 5, 6, 7, and 18 of the instant land (hereinafter “part (b) in a ship”) connected each point of the instant land.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (including each number, if any) or video, the result of the survey and appraisal by the official branch of the Korea Land Information Corporation, the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the plaintiff, one of the co-owners of the land of this case, is an act of preserving jointly owned property, and can seek removal of the above part of the ground warehouse and delivery of the above part of the land. Thus, the defendant is obligated to remove each of the above parts of the land of this case to the plaintiff, barring special circumstances, the warehouse of the prefabricated structure of the panel building without permission on the ground of the part (A) and the prefabricated structure of the above part of the land of this case, and to deliver each part of the above land to the plaintiff.
3. Judgment on the defendant's assertion
A. As to the assertion on the prescriptive acquisition, the Defendant’s summary of the assertion on the prescriptive acquisition is as follows: around October 29, 2009, D, E, and F land adjacent to the instant land (hereinafter “instant adjacent land”).
G, the previous owner of the adjoining land of this case, began to use a new warehouse between April 28, 1998 and May 18, 1999 in the course of constructing a new house on the ground. The Defendant was the previous owner of the adjoining land.