1. The judgment of the first instance court, including the reduction of claims by this court, shall be modified as follows:

The defendant shall hold 1/5 shares.

1. Basic facts

A. On December 1, 2017, the Plaintiff awarded a successful bid for the said land in the compulsory auction for real estate (Seoul District Court Seosan Branch E) held with respect to the instant land, which was owned by B, and completed the registration of ownership transfer on December 14, 2017.

B. On the land of this case, there are single-storys, plastic houses, dogs, etc. (hereinafter “instant housing, etc.”) such as the area, status, and connection of the “A” sequence 3 attached hereto, and some parts of the land adjacent to the instant land are adjacent thereto.

C. The instant housing, etc. was owned by the original network D (hereinafter “the deceased”). However, due to the death of the deceased, the deceased’s heir F, G, H, I, and the Defendant inherited the shares of ownership 1/5 each.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Judgment on the plaintiff's claim

A. Since the relevant legal doctrine cannot exist in general regardless of the site, the owner of a building may be deemed to possess the land, which is the site of the building (see, e.g., Supreme Court Decision 2012Da72469, Jan. 25, 2017). Co-inheritors of the building are obliged to remove the entire building within the limits of their respective shares.

(See Supreme Court Decision 80Da756 delivered on June 24, 1980). On the other hand, removal of a building constitutes a final disposition of ownership. Thus, in principle, the owner of the building is entitled to remove the building only to the person who registered the building (in principle, the person who registered the building).

As an exception, the right to remove and dispose of a building, such as purchasing and possessing the building from the former owner, etc., within the scope of the right, has also the right to remove and dispose of the building legally or factually.

B. (Supreme Court Decision 2002Da61521 Delivered on January 24, 2003).

Judgment

According to the above facts, the Plaintiff paid the sale price of the instant land in full on December 1, 2017.