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1. The Plaintiff:
A. Defendant (Appointed Party) B, Defendant C, and Selected Parties D. with respect to their respective shares of 1/8, e.g., Jeon Nam-gun.
Reasons
1. Facts of recognition;
A. On December 10, 2015, the Plaintiff acquired the ownership of 315 square meters (hereinafter “instant land”) in the form of a sale by auction, i.e., Masung-gun, Jeonsung-gun (hereinafter “instant land”).
B. On the instant land, there is an indication of the attached drawing(s) in the attached Form(3), (4), (5), (6), (7), (8), and (3) the cross-story of the (Ga) section on the ground of approximately 84.6m3m3 in line with each point, indication of drawings in the attached Form(a), (2), (3), (4), (1), (1), (1), (1), (2), (3), (4), (2), (2), (3), (4), (2), (4), and (1) the multi-story of the cross-story of the (Ga) part on the part inside the ship connected each point, which is about 14.6m3m3 in line with each other, and (3) the extension thereof (hereinafter “the instant structure”). The above structure is owned by E.
C. E dies, and is the heir of the Defendant (Appointed Party) B, Defendant C, and designated parties.
The rent of the instant land is KRW 30,000 per month from December 10, 2015 to the present date.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, Defendant B, Defendant C, and the designated parties are co-owners sharing the instant structures according to their inheritance shares, and barring any special circumstance, they are obligated to remove the instant structures according to their inheritance shares to the Plaintiff, the owner of the instant land, and deliver the instant land possessed as the site for the instant structures. The Defendants jointly have the duty to return unjust enrichment from December 10, 2015 to the completion date of removal of the instant structures at the rate of KRW 30,000 per month from the date when the Plaintiff acquired the ownership of the instant land to the date when the removal of the instant structures is completed.
3. Determination as to Defendant B’s defense, etc.
A. Defendant (Appointed Party) B was the father-child relationship between E, the former owner of the instant structure, and F, the former owner of the instant land, and the relationship under the Building Act.