1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

In full view of the facts without dispute over the cause of the claim, Gap 1 and 2's entries and the purport of the whole pleadings, the plaintiff completed the registration of ownership transfer for 1/2 shares among the real estate listed in the separate sheet (hereinafter "501") on September 10, 208, and the defendant currently occupied 501 shares.

According to the above facts, the defendant has a duty to deliver 501 to the plaintiff who exercises the right to claim the removal of disturbance based on ownership as co-owners of 501, unless there is any assertion or proof of the right to possess 501.

The defendant's defense is proved to have the right to possess 501 because he leased 501 from C to C.

According to the statements in Eul 1, 2, 3-1, and 3-2, the plaintiff is the owner of 1/2 of the land in Gwangjin-gu, Seoul (hereinafter "the land in this case"). The plaintiff constructed a new building on the land in this case, E, F, G (hereinafter "E, etc."), which is the 1/2 co-owners of the land in this case, and each floor of the sectional ownership of the newly constructed building, is owned by the plaintiff, 1, 2, and 2, respectively. Under the above agreement, the plaintiff newly constructed a new building on the land in this case and completed registration of ownership transfer from the plaintiff on April 26, 199 with respect to the sectional ownership of the third and second floor above the ground in this case (hereinafter "existing building"), and the plaintiff submitted an application for registration of ownership transfer from the plaintiff on April 26, 199 to 1, 200, "No more than 36,000 building permit, etc." and the plaintiff was attached to the construction permit of each building in Gwangjin-gu, 20.