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1. The Plaintiff:
(a) Defendants B, C, D, E, and F each building on the ground of 11397 square meters of H forest land in Gyeonggi-gun.
Reasons
1. Determination as to claims against Defendant B, C, D, E, and F
A. Basic facts 1) The Plaintiff is the Plaintiff’s forest 11397 square meters (hereinafter “instant land”).
(2) The network I constructed and owned each building listed in the separate sheet No. 1 (hereinafter “each building of this case”) on the ground of the instant land.
The network I died, and Defendant B, C, D, E, and F (hereinafter “Defendant B, etc.”) inherited the network I’s property.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
B. According to the above facts of recognition as to the cause of the claim, Defendant B, etc., barring any special circumstance, etc., shared each of the buildings of this case No. 1 and occupied the site, thereby hindering the Plaintiff’s exercise of ownership as to the land of this case. Thus, Defendant B, etc., is obligated to remove each of the buildings of this case No. 1 and deliver one-fifth of each of the land to the Plaintiff.
C. Defendant B, etc. asserted on the assertion of Defendant B, etc.: (a) construction of each building of this case with the consent of the landowner at the time of the network I; and (b) the network I asserts that it is a legitimate person with superficies on the land of this case.
In light of the evidence No. 1, it is not sufficient to acknowledge that the net I had the superficies on the instant land only with the statement No. 1, and there is no other evidence to acknowledge it. Thus, the above defendants' assertion is without merit.
2. Determination as to the claim against Defendant G
A. The Defendant G, as indicated in the separate sheet No. 2, occupies the site by building each building on the ground of the instant land as indicated in the claim. As such, Defendant G, the owner of the instant land, is obligated to remove each building listed in the separate sheet No. 2 and deliver the site to the Plaintiff.
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;
3. If so, the plaintiff's claim against the defendants is justified.