1. The judgment of the court of first instance is modified according to the expansion of the purport of the claim in the plaintiff's trial as follows.

The defendant.

1.The following facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 to 5 (including branch numbers; hereinafter the same shall apply), with a comprehensive view to the whole purport of the pleadings:

The plaintiff is the denial of C, and the defendant is the birth of C.

B. On November 26, 1996, C acquired ownership by donation from F, who is the father, of Suwon-si, D large 758 square meters (hereinafter “instant land”). The Defendant newly constructed on the ground a steel framed gone roof, two residential facilities, two residential facilities, and one story 250.47 square meters of housing, and one half story 165.06 square meters of housing (hereinafter “instant building”) and completed the registration of ownership preservation in the Defendant’s name on September 11, 1999.

C. After the construction of the instant building, C and the Defendant jointly registered the business and operated the refined cafeteria on the first floor of the building. On the second floor of the building, C and the Defendant, and G, their birth together with their family members.

C On or after the death of February 6, 2005, the Plaintiff succeeded to the instant land, and there was a dispute over the use of the instant land and buildings between the Plaintiff and the Defendant, and accordingly, the instant land and buildings changed ownership as follows.

1) On July 26, 2005, Plaintiff on May 31, 2007, by inheritance by consultation or division on February 6, 2005, Plaintiff on April 24, 2007 (Uwon District Court Decision 2006Da83860, 2006Gadan9414): Defendant 33.5%: Defendant 66.5% on October 3, 2007, Defendant 2: Plaintiff on October 2, 2007, on the registration date of the building title of this case: Defendant 2 on September 11, 199, for the registration date of the building title of this case: Defendant 36.5% on April 24, 2007, Defendant 206 or Defendant 2: Defendant 36.38% on April 24, 2007, Defendant 208, Defendant 2036.36% on May 24, 2008.

E. Since the death of C, the Defendant exclusively uses and benefits from the instant land and buildings while operating a restaurant in the instant building.

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