1. The defendant shall be the plaintiff.

(a) the delivery of land listed in the separate sheet;

(b) KRW 20,743,037 and this regard shall be March 2016.

1. Facts of recognition;

A. The Marine Development Co., Ltd. completed the registration of transfer of ownership in its name on December 23, 1974 with respect to shares of 2160/2850 among the land listed in the separate sheet (hereinafter “instant land”).

B. The trade name of the Marine Village Development Co., Ltd. was changed to the Plaintiff via Pyeongtaek farm, and accordingly the registration of change of the registered titleholder on the land of this case was completed.

C. The defendant completed the registration of ownership transfer on August 24, 1998 with respect to 390/2850 shares out of the land of this case.

The defendant has cultivated the land in this case from about 35 years to the present date, and has exclusively occupied and used the entire land in this case, which is jointly owned.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Even if a co-owner owns shares in relation to a claim for delivery, the co-ownership cannot be exclusively possessed and used for profit-making without consultation with other co-owners. Thus, other co-owners may demand the person who possesses the co-ownership to deliver the co-ownership as an act of preservation of the co-ownership.

(See Supreme Court Decision 93Da9392 delivered on March 22, 1994, etc.). According to the above facts, the defendant is a co-owner of the land of this case, and is taking exclusive use of and benefit from the land of this case. Thus, the defendant is obligated to deliver the land of this case to the plaintiff, who is another co-owner requesting the delivery of the jointly owned property, as a preservation act

B. A co-owner of a real estate to determine a claim for return of unjust enrichment may use and benefit from the entire land according to the share ratio of each co-owner. However, as long as a majority of share is not agreed among co-owners on the method of using and benefit from the land, one of the co-owners is unable to exclusively occupy and use a specific part, and therefore part of