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1. The defendant is against the plaintiffs, among the land for factory E-gu, 16325 square meters, 37, 38, 39, 42, 43, 41.
Reasons
1. Facts of recognition;
A. The Plaintiff Company 3/8 shares, Plaintiff B B 1/4 shares, Plaintiff C 1/4 shares, and D 1/8 shares, respectively. The land of this case is jointly owned by the Plaintiff Company 1/8 shares, and D 1/8 shares.
B. Of the instant land, the Defendant has installed and used a temporary building (container) and a mooring facility on the ship (hereinafter “the instant part”) which connects each point of 37,38, 39, 42, 43, 41, and 37 in sequence, and installed a steel fence on the line which connects each point of 41, 37, 38, and 39 in sequence with the same drawing indication 16, 17, 18, 41, and 43 in sequence.
C. On March 20, 2017, the Plaintiffs resolved to use the instant part on the instant ship by Plaintiff A Company.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4 (including paper numbers), the purport of the whole pleadings]
2. Determination
A. (1) According to Article 265 of the Civil Act, matters concerning the management of co-owned property shall be determined by a majority of co-owners’ share, and the method of using co-owned property shall be included in the management of co-owned property. Thus, co-owners of the instant land may determine or alter the method of using the instant land as a majority of co-ownership.
(2) In light of the above legal principles, since the plaintiffs, who are the right holder of the land of this case, decided to use the above part on the ship by the plaintiff Gap corporation, according to the plaintiffs' act of preserving the above part, the defendant is required to take temporary buildings (container boxes) and measurement facilities installed in the above part on the ship and remove the steel fence connected each point of 41, 37, 38, and 39 of the above drawings in sequence, and the steel fence and the steel fence attached each point of 16, 17, 18, 41, and 43 of the above drawings, each of which are linked each point of 16, 17, 18, 41, and 43 of the above drawings.
(b) this;