1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. In the Cheongju District Court’s voluntary auction procedure, the Plaintiff received a sales decision on November 17, 2015 with respect to the land of 52.7 square meters (hereinafter “instant land”).

Defendant (Appointed Party) and designated parties (hereinafter “Defendants”) are the owners of each section of exclusive ownership in the AH and AJ apartment located in AI (hereinafter “instant apartment”).

B. On the instant land, 12 square meters and fences and other facilities (hereinafter “instant management office, etc.”) are installed on the instant apartment building, which is the jointly owned property of the instant apartment. This was installed since the time when the instant apartment building was newly constructed.

C. On February 21, 1986, the registration of ownership preservation was completed in the AK future, and the registration of ownership transfer was completed in the name of the purchaser of that section of exclusive ownership.

At the time of the above preservation registration, the land of this case was part of AH 2,107.1 square meters in Cheongju-si, and its owner was AK. At the time, the ownership registration of the apartment of this case was completed with regard to all the above AH land.

After that, on March 25, 200, 52.7 square meters among the above AH land was partitioned into the instant land and the subdivision registration was completed. On October 19, 2001, when the site ownership registration was cancelled, the owner of the instant apartment section for exclusive use was registered in the future. The entire co-owned share was transferred to AK due to the co-owned property partition on January 25, 2000 on the same day.

[Ground of recognition] Evidence No. 1, Evidence No. 5-2, Evidence No. 6-2, Evidence No. 1, and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts of determination on the Plaintiff’s assertion on the cause of claim for removal of a facility, it is presumed that the registration of a site ownership on the instant land has been lawfully cancelled and all subsequent registrations have been completed lawfully. Thus, barring any special circumstance, the Plaintiff is presumed to have completed the instant land.