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1. The Plaintiff:
A. As to the share of 1/13, Defendant C shall indicate the attached Form 1 among the 330 square meters in Seopo-si D, Seopo-si.
Reasons
1. Facts of recognition;
A. On June 23, 2004, the Plaintiff is the owner of the instant land, which completed the registration of ownership transfer on the ground of sale due to voluntary auction on June 8, 2004, with respect to D large 330 square meters (hereinafter “instant land”).
B. E constructed a cement block structure, 33 square meters on the ground of “A,” which connects each point of 5, 6, 7, 8, 9, 10, 11, 12, and 5 of the annexed drawings No. 1 among the instant land, to the part “B,” the cement block structure, 56 square meters on the ground of “B” (hereinafter “instant housing”), 1, 2, 3, 4, and 1 of the annexed drawings No. 1, 33 square meters on the ground of “A,” and 15 square meters on the ground indicated in the annexed drawings No. 2, and 16.17 square meters on the attached drawings No. 2, and 26 square meters on the “B” portion “A,” each of which newly constructed a cement block structure, 5 square meters on the ground.
(hereinafter referred to as "each building of this case" in total)
However, the above E died on February 5, 1998, and at the time of the death, there were F, Defendant C, and G’s wife, H, J, K, and L, who died on June 9, 1997. D.
Defendant C used and managed each of the buildings of this case by allowing Defendant B, an ASEAN, to reside free of charge in the instant house, etc., and occupied the instant land.
[Ground for recognition] Defendant B: The fact that there is no dispute over Defendant C: the entry of the evidence Nos. 1 through 5, the result of the measurement appraisal commission and the fact inquiry of the head of the office return to the Korea Land Information Corporation, the results of the fact inquiry about M in this court's letter of fact inquiry about M in this court, and the purport of the whole pleadings.
2. According to the above facts of recognition, the plaintiff seeking the obstruction removal as the owner of the land of this case, and the defendant C, one of the co-inheritors of the above E, shall be 1/3 of the inheritance shares.