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1. The Defendant indicated in the attached sheet No. 1, 2, 3, 4, 22, 21, 20, 19, 18, among the land size of 1121 square meters in Seocho-gu, Changwon-si, Changwon-si.
Reasons
1. Facts of recognition;
A. Of the 1121mm2 (hereinafter “instant land”), Plaintiff A owns 6538/23800 shares, Plaintiff B owns 1150/23800 shares, and Defendant owns 2550/23800 shares, respectively.
B. The Defendant, among the instant land, installs concrete and other facilities within 237 square meters connected to each point of (B) section of the attached sheet No. 1, 2, 3, 4, 22, 21, 20, 19, 18, 17, 16, and 22 in sequence, and installs steel fences and stone embankments in the part connected to each point of (b) the same appraisal map No. 17, 18, 19, 20, 21, and 22 in sequence, and occupies and uses the said part of (b) as the parking lot.
[Reasons for Recognition] Fact that there is no dispute, entry of Gap evidence 1, result of a request for surveying and appraisal to the Director of Changwondong Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings
2. Assertion and determination
A. Even if a co-owner who owns shares in judgment as to the cause of the claim or a person holding a right to claim the registration of ownership transfer for his share, the co-owned property cannot be exclusively occupied and used for profit without consultation with other co-owners. Thus, even if shares held by the co-owners fall short of the majority of the co-owners, the other co-owners may demand delivery or surrender of the co-owned property as an act of preserving the co-owned property to the person who
As seen earlier (see, e.g., Supreme Court en banc Decision 93Da9392, 93Da9408, Mar. 22, 1994). As such, the Defendant exclusively occupies and uses part of the instant land. As such, the Plaintiffs, co-owners, as co-owners, may seek an exclusive exclusion from the use of the land.
Therefore, the defendant removed the steel fence and stone fence connected each point of the attached Table 1, 2, 3, 4, 22, 21, 20, 19, 18, 17, 16, and 1 in order to connect the appraisal of the land of this case to the plaintiffs, each point of which is indicated in the attached Table 1, 2, 3, 4, 22, 21, 20, and 237 square meters.