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1. All of the plaintiffs' primary claims are dismissed.
2. The defendant,
A. The plaintiff Gap 132,606,000 won and the plaintiff Eul 83.
Reasons
1. Basic facts
A. G and H had I, Plaintiff A, and Defendant as their children. On November 10, 1979, G and H purchased the buildings indicated in the Seoul Mapo-gu Seoul E-type 710 square meters (hereinafter “instant land”) and its ground list (hereinafter “instant building”), and completed the registration of ownership transfer on April 9, 198, each of 1/2 shares of the instant land, and completed the registration of ownership transfer on October 20, 1989.
B. On June 26, 2003, the Plaintiffs received 318/710 shares in the instant land from G and H, 200/710, 200/710, and 192/710 shares in the Plaintiff C, respectively, and completed the registration of transfer of shares on June 27, 2003.
C. On April 8, 2010, G became a sole owner by completing a share transfer registration based on inheritance due to consultation and division on February 12, 2010 with respect to H’s share in the instant building, and the Defendant received the instant building from G on July 4, 2013 and completed the registration of ownership transfer based on the said gift on July 8, 2013.
Plaintiff
A, on April 30, 2004, donated shares of 84/645 square meters in F-gu, Mapo-gu, Seoul (hereinafter “F-land”) from G, and completed the share transfer registration based on the above donation on May 6, 2004. On September 22, 2005, a school juristic person J of the School juristic person acquired the remainder of the above land as a result of partition of co-owned property on November 29, 2005 and completed the share transfer registration on November 29, 2005.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. Judgment as to the main claim
A. According to the above facts, the part concerning the claim for the removal of the building and delivery of the land is determined as to the ground for the above recognition, barring any special circumstance, the defendant is obligated to remove the building of this case on the ground of the land of this case and deliver the land of this case to the plaintiffs.
B. Meanwhile, the Plaintiffs are adjacent to the instant land.