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1. The judgment of the first instance, including the plaintiffs' claims extended and reduced by this court, shall be modified as follows.
Reasons
Basic Facts
A. Defendant H Co., Ltd (hereinafter “Defendant H”) is an executor of the construction work (hereinafter “instant construction”) of the “J hotel” of the size of 1st floor and 28th floor above the ground surface on the 1447 square meters of the 1447 square meters of the Busan Young-gu I warehouse site. Defendant G Co., Ltd. (hereinafter “Defendant G”) is the executor of the said construction work. Defendant G Co., Ltd. (hereinafter “Defendant G”) is the executor of the said construction work.
The Plaintiffs are the owners of the land and its ground buildings in the vicinity of the instant building as indicated in the table and drawing as follows (hereinafter collectively referred to as “damageed building” in combination with the buildings owned by the Plaintiffs, and when referring to the individual buildings, hereinafter referred to as “the building of this case”). The drawings of the land and the building owned by the owners once in the table attached thereto, and the building owned by the owners once, and the building owned by the 1st owners, 128.9mm2 and its ground buildings in the 128m2 and 23m28.1m2 and the building owned by the 1/3m28m2 in the Young-gu, Busan Metropolitan City (joint ownership of each 1/3 shares).
B. Defendant G, around June 2016, completed the instant construction project and completed it around September 2018.
(c)
On the other hand, the owners of damaged buildings, including Plaintiff R, E, and F, shared with Plaintiff R and T, and owned them solely from March 2, 2018, with respect to the land buildings (the first water of this case) owned by Plaintiff R and F, which were owned by Plaintiff R and C, and owned by Plaintiff E and F jointly with U on March 21, 2018, with respect to the land buildings (the second water of this case) 228.1 square meter and its ground buildings (the second water of this case) located in Busan Young-do, Busan. However, Plaintiff E and F shared with U on March 21, 2018.
On July 4, 2017, the Defendants filed an application with the Busan District Court 2017Kahap 10373 against the Defendants for the disposal of the land in connection with the instant construction, and the Busan District Court on November 7, 2017, “The Defendants leased apartment or studio in the name of Defendant G and leased apartment or studio in the name of Defendant G, from December 1, 2017 to November 30, 2019 (Provided, That the period may be advanced according to the circumstances in which apartment or studio is built, and the completion date shall be at the time of completion of restoration to the original state of the damaged building.