1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

With respect to the ownership of the land, etc. of the Plaintiff and the Defendant, the ownership transfer registration was completed on May 3, 1973 under the name of the Defendant with respect to 3/5 shares among 3/5 square meters in Jongno-gu Seoul Metropolitan Government 390.7 square meters (hereinafter “instant land”), for 1/5 shares in the name of the Defendant, D with respect to 1/5 shares, and for 1/5 shares in the name of

After that, on November 9, 1977, 1/10 of the above D's 1/5 shares were transferred under the name of the defendant and E, and the defendant became a 7/10 shares and 3/10 shares of E.

E After acquiring the land adjacent to this case in Jongno-gu Seoul Metropolitan Government 102.5 square meters (hereinafter “the adjoining land of this case”), E newly constructed the adjoining land of this case and the buildings indicated in the attached Table (hereinafter “the building of this case”) on both sides of the land of this case, and completed the registration of initial ownership on November 21, 1975.

On June 3, 2008, the Plaintiff purchased 3/10 shares of the instant land from E and the neighboring land and the instant building, respectively, and completed the registration of ownership transfer on July 2, 2008.

Accordingly, among the land in this case, the Plaintiff owned 3/10 shares, and the Defendant owned 7/10 shares respectively.

There was no agreement between the Plaintiff and the Defendant on the division of the instant land.

The Defendant filed a lawsuit against the Plaintiff and the lessee of the instant building seeking return of unjust enrichment and removal of a building equivalent to rent as the District Court 2016Gahap57144, and won the lawsuit on June 29, 2018. The Plaintiff and the said lessee appealed as Seoul High Court 2018Na2037251, but the appeal was dismissed on November 23, 2018. Although the Plaintiff and the said lessee appealed as Seoul High Court 2018Na2037251, the appeal was dismissed on November 23, 2018, the Supreme Court appealed as the Supreme Court Decision 2018Da305147, Apr. 24, 2019.

(hereinafter “Related Cases.” The Defendant applied for compulsory execution against the instant land, etc. and decided to suspend compulsory execution shall become the executive title of the judgment of the first instance of the relevant case, and the 3/10 shares out of the instant land and the adjoining areas of the instant case.