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1. The defendant
(a) Indication of an annex map among the Daegu Jung-gu C wishing 49.6 square meters;
9. Each point of 9 November 7, 191.
Reasons
1. Basic facts
A. D used the portion (B) in the ship connecting each point of (a) the section in the attached Form 1, 2, 3, 4, 5, 10, 9, 100 square meters on the ground of the Daegu Jung-gu, Daegu-gu (hereinafter “instant land”) under his/her ownership and the section (a) connecting each point of (a) and each point of (b) the attached Form 10, 5, 6, 11, and 10 as a building, and used the portion (c) connecting each point of (a) the attached Form 9, 10, 11, 6, 7, 8, and 9 in sequence, in the order of the addition indicated in the attached Form 9, 10, 11, 6, 8, and 9.
(hereinafter referred to as “instant part”) of the attached drawing. B.
D Around 2002, 8 children, such as the plaintiff, E, and F, inherited each of 1/8 shares, but the transfer registration of ownership on each of the above real estate was not completed.
C. Meanwhile, the Defendant leased the lease deposit amount of KRW 25,00,000, monthly rent of KRW 1,500,000, and the term of lease from February 10, 2015 to February 9, 2020, with respect to the building located near the instant land, and operated a restaurant with H and Dong business in the said building.
In January 2015, the defendant used the building of the board team in the part of the instant case (C) as a lodging house and a warehouse.
E. On January 31, 2018, the Plaintiff filed a complaint against the above possession by the Defendant, and on January 31, 2018, the Daegu District Prosecutors’ Office issued a disposition of suspending indictment against the Defendant.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6 (including each number), the purpose of the whole pleadings
2. Determination
A. 1) Co-owners of land are entitled to seek the delivery of co-owned land and the removal of buildings owned by others as an act of preserving co-owned property (Article 265 of the Civil Act). According to the above facts, the Defendant is obligated to remove the building on the ground and deliver the land to the Plaintiff, who is the co-owners of the land of this case, unless there are special circumstances. 2) The Defendant is obligated to remove the building on the ground of this case and deliver the land to the Plaintiff.