1. With respect to the area of 1,349 square meters in Nam-si, Namyang-si, each point of which is indicated in the separate sheet No. 1,10,6,7,8,9, and 1 among them.

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 and the results of the survey and appraisal conducted by appraiser D as a whole:

The land of this case was originally owned by E, the father of the Plaintiff, and F, the husband of the Defendant, in E 853/1349 shares, and F, the F, the husband of the Defendant. However, on March 1, 2008, the Plaintiff inherited E’s shares out of the instant land according to the agreement on division of inherited property on March 1, 2008, and the Defendant received F’s shares out of the instant land on June 19, 2008.

B. After that, the Plaintiff sold to the Defendant 70/1349 out of the Plaintiff’s share in order to adjust the co-ownership relationship of the instant land, and thereafter owned Plaintiff 783/1349 shares in the instant land, and owned Defendant 566/1349 shares in the instant land.

C. F around 1988, F resided in the part of the instant land with the first floor and its affiliated companies. The Defendant donated the instant land, and thereafter constructed the instant building on the instant land as indicated in the annexed drawings, and operated restaurant business. At present, F did not operate a business due to illegal expansion, etc.

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s claim for removal and delivery (1) infringes the Plaintiff’s co-ownership right since the Defendant constructed and exclusively uses the building on the instant land without the Plaintiff’s consent as co-owner.

On the other hand, as a result of partition of co-owned property, the annexed drawing indicating ① 42m2, indication of the same drawing, ② 3, ④ 25m2, and indication of the same drawing, ⑤ 61m2, and 61m2 of the partial wooden building are removed, and the land corresponding to each part is to be handed over.

(2) If part of the co-owner uses and takes profits from the co-owner's property exclusively or exclusively, it would infringe on the other co-owners' right to share, and the other co-owners also violate the above co-owners' right.