Text
1. Defendant C shall deliver to the Plaintiff the building listed in the attached list No. 4.
2. The plaintiff's defendant B and defendant D
Reasons
1. Basic facts - The F building Cdong located on the ground of the Namyang-si, Namyang-si (hereinafter referred to as the “instant building”) is the fourth apartment house of 19 households.
- Building permission for the instant building was received G from the owner of the said building as of October 7, 1996, and around 2001, the building was built to the extent that it can be seen as an independent building.
- After that, the name of the owner under the above building permit was changed to H, I, I, J, K, L, and M around 202 and changed to H, I, N,O, P, and L again in around 2003.
- The instant building is unregistered until now.
On the other hand, the defendant B occupies the first floor No. 104 (attached Form No. 1; hereinafter the same shall apply), the defendant C occupies the third floor of the building of this case (attached Form No. 4; hereinafter the same shall apply), and the defendant D occupies the fourth floor No. 403 (attached Form No. 5; hereinafter the same shall apply) among the buildings of this case.
[Ground of recognition] Facts without dispute, Gap2, 5, 6 evidence, witness G, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, G shall be deemed to have acquired the ownership of the instant building in its original condition. In full view of the witness G’s testimony in the statement of evidence No. 9, G may recognize the fact that G transferred all of its authority over the instant building to one of the above changed building holders, among the above changed building holders, around the due date and in light of the purport of the entire pleadings in the statement No. 4-6, L may be recognized as having transferred all of its authority over the instant building to the Plaintiff around September 15, 2014, respectively.
However, the Plaintiff is obligated to deliver Defendant B, Defendant C, and Defendant D, respectively, to the Defendants, as the exercise of the right to claim the exclusion of interference with the ownership of the instant building by subrogationing L and G in succession. As such, the Plaintiff is obligated to deliver Defendant B, Defendant C, and Defendant D, respectively.
B. Judgment on the Defendant B’s assertion (1) as to the summary of the assertion