2. The costs of the lawsuit are assessed against the defendant.

3...

A. The registration of ownership was completed on November 2, 2004 in the name of C, D, E, F, G, H, I, J, K, L, M, M, and N (hereinafter “instant co-owners”) with respect to each 1/12 share of the buildings listed in the separate sheet (hereinafter “instant building”) under the name of O as to each 1/12 share of D on June 28, 201, and the name of P, R, and P, with respect to each 1/12 share of M on October 18, 201, with respect to each 1/36 share of N on June 27, 2019.

B. On May 28, 2018, the Plaintiff completed each registration of ownership transfer as to the 1/6 shares of the instant building (C and E’s 1/12 shares), and as to the 1/12 shares of H on November 15, 2019.

C. The Defendant independently occupies the instant building without consultation with other co-owners, including the Plaintiff, and uses it as a repair shop for agricultural machinery.

The Plaintiff received a power of delegation and written consent stating that “The Plaintiff comprehensively delegates the work of preserving, managing, and disposing of the instant building to the Plaintiff, and agrees without any objection to a decision made by the mandatory holder regarding the act of preserving and managing the building of this case,” from the network J, U, etc., which is the management of Q, R, S, and network F, which is the equity right holder of Q, R, and 1/12, each of the instant buildings, each of which is one/12 equity right holder.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 5, the purport of the whole pleadings

2. Determination

(a) Even if a co-owner who owns shares in the land or a building or a person holding a right to claim the registration of ownership transfer of such shares is unable to exclusively possess, use, and benefit from the jointly-owned property without consultation with other co-owners. Thus, other co-owners may demand the person holding the jointly-owned property to deliver the jointly-owned property as an act of preserving the jointly-owned property even if his/her shares fall short of the majority;

(See Supreme Court Decision 2012Da43324 Decided May 16, 2014).