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1. The defendant,
A. As to KRW 48,079,766 and KRW 31,315,445 among the Plaintiff A, the Plaintiff’s KRW 48,079,766 and KRW 16,764.
Reasons
1. Facts of recognition;
A. From June 27, 2003, Plaintiff A owns 828,040/1,400,000 shares of the instant land from February 12, 1992; Plaintiff B owns 7,770/1,400,00 shares of the instant land from February 12, 1992; Plaintiff C owns 204,750/1,400,00 shares of the instant land from July 2, 2014.
B. The instant land and the instant building consisting of two-story stores and office buildings built of reinforced concrete structure sloping roof (hereinafter “instant building”) on both Seocho-gu and Seocho-gu Seoul, and the right to site registration of the instant building has not been completed until now.
C. On July 10, 2016, the Defendant is operating a restaurant (hereinafter “instant restaurant”) with the trade name “K” from among the instant buildings from G, the right holder of the instant land, and from H, July 15, 2016, the Plaintiff leased No. J from July 15, 2016 to I, respectively, among the instant buildings.
Among the land in this case, the land in this case is the site behind the building in this case, which is located on the ship (b) and 15.9 square meters for the part (c) of the attached Form 1, 2, 3, 4, 5, 6, 7, and 115.9 square meters connected in sequence with each point
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-1, 1-2, and the result of this court's request for surveying and appraisal for the Gangnam-west branch of the Korea Land Information Corporation, the purport of the whole pleadings
2. Determination
A. 1) Determination as to the cause of the claim(s) of this case’s land, which is linked with each point of 3,4,5,8, and 3 points of the attached Form No. 3,4, 5, 8, and 3, the co-owners of the land of 35 square meters in order to use and benefit from the entire land according to their share ratio. However, as long as the majority of share is agreed among co-owners on the method of using and benefit from the land, one cannot exclusively occupy and use the specific part. Thus, if part of the co-owners exclusively occupy and use the specific part, they are shares among the other co-owners, even if the area of the specific part is within the area equivalent to their share ratio.