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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on October 17, 1989 with respect to the portion of 16.538/430 out of 412 square meters in Yangcheon-gu Seoul (hereinafter “instant land”).
B. Defendant C owns 185.79 square meters of housing and 1st floor of 185.79 square meters of the land of this case (hereinafter “the building of this case”), Defendant D’s housing and 1st floor of 185.79 square meters of each of the instant land (hereinafter “the building of this case”); Defendant C’s housing and 1st floor of 185.79 square meters of each of the instant land; Defendant F’s housing and 5 (8.91 square meters of each of the instant buildings); Defendant A’s housing and 8.91 square meters; Defendant A’s housing and 1; Defendant A’s housing and 5; Defendant C’s Z housing and 10.28 square meters, and Defendant C’s housing and 10.28 square meters, respectively.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment that the defendants occupied and used the plaintiff's share of the land of this case without any basis or consultation, and therefore, they are obligated to pay the plaintiff the price for use.
However, according to Gap evidence Nos. 2-1 through 16, the registration of ownership preservation of the building of this case was completed on June 15, 1972, and the registration of a site ownership was completed on January 12, 1987 with respect to the share of 205.08/430 of the land of this case. The remaining defendants except defendantO owned part of the building of this case based on the above site ownership, and seem to possess it properly.
In addition, according to the statement No. 1-1 and No. 2-17 of the evidence No. 17, it is recognized that DefendantO was the owner of 13.23/430 shares out of the land of this case, and it appears that he owned the unregistered house and store 10.28§³ based on the above share ownership.
In particular, whether the Defendants occupy the portion of the Plaintiff’s share in the instant land without permission is specific.