1. The Plaintiff:

A. Defendant B indicated in the attached Form No. 22, 23, 24, 16, 17, 18, 22 among the 908 square meters in Seo-gu, Gwangju, Seo-gu.

1. Basic facts

A. The Plaintiff owns Seo-gu, Seo-gu (hereinafter “instant land”).

B. Defendant B owned F land and its ground buildings on the instant land (hereinafter “First Building”).

However, the building No. 1 is constructed with the part of “B” part of “B” (hereinafter “B”) connected in order to each point of 22,23, 24, 16, 17, 18, and 22, among the instant land. The above part of “B” land has a 1-2 wall on the ground. C. Defendant C and D share each 1/2 shares of G land adjacent to the instant land and its ground buildings (hereinafter “second building”). The building No. 2 is constructed by uniting the part of “C” part of the instant land connected in order to each point of 7,8,9,25, 26, 27, and 7, which is linked in order to each point of 7,8,9, 25, 27, and 7, and the above part of “B” part of the instant land has a wall installed on the ground.

[Reasons for Recognition] Gap 1, 2, and 3 (including each number), the appraiser H's appraisal result, the result of the on-site inspection by this court, the whole purport of the pleading

2. Determination:

A. According to the above facts, insofar as the Defendants did not have the right to occupy the land of this case for the ownership of each of their own buildings, the Plaintiff, the land owner of this case, is obligated to remove the parts of the building constructed over the boundary of the land of this case and deliver the relevant parts to the Plaintiff.

On the other hand, the duty of removal, which is a co-owner, bears an indivisible obligation or a duty of removal of the entire building within the limit of the shares of each co-owner, and is not a duty of removal for the shares of other co-owners (see Supreme Court Decision 80Da756, Jun. 24, 1980). Defendant C and D are obligated to remove the building within the limit of 1/2, each of their own shares in the building 2 and deliver the site.

Accordingly, Defendant B.