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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff, the Defendant, C, D, E, F, and G are siblingss.
B. G died on October 9, 2009, and his heir had H(C) and children I and J as his heir.
C. On December 31, 1970, the registration of ownership transfer was completed in K, the mother of the original defendant on December 31, 1970, and on May 15, 2015, the registration of ownership transfer was completed on May 8, 2009 as follows:
“Plaintiff (1/7), Defendant (1/7), C (1/7), D (1/7), E (1/7), F (1/7), H (3/49), I (2/49), J (2/49).”
D. On May 15, 2015, the registration of initial ownership was completed in the future, including the original defendant on May 15, 2015, and the share ratio is above C.
same as paragraph (1).
E. On April 7, 2016, with respect to each portion of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the ownership transfer registration for each of the instant shares was completed on February 16, 2017 in the Plaintiff’s future, each J, and H shares, as to each of the instant shares, on April 7, 2016, in the name of the Defendant’s wife on November 8, 2016, each of the instant shares was jointly owned by the Plaintiff and the Defendant, as to each of the instant shares.
“Plaintiff (14/49), Defendant’s wife (14/49), L (7/49), D (7/49), E (7/49),
F. The Defendant, together with the wife, occupies and uses each of the instant real estate exclusively.
[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2, each of the facts in this court, the purport of the whole pleadings
2. Determination as to the cause of action
(a) Even if a co-owner who owns shares in the land or a building or a person entitled to claim the registration of transfer of ownership for such shares is entitled to take possession of, and use for profit from, the jointly-owned property exclusively without consultation with other co-owners. Thus, the other co-owners may demand the delivery of the jointly-owned property as an act of preserving the jointly-owned property, even if shares owned by him fall short of the majority;