1. The defendant's appeal is dismissed.

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

3. Judgment of the court of first instance Nos. 2 and 3 are subject to appeal.

Facts of recognition

The ownership registration of the building of this case was completed in the future D, the father of the plaintiffs, on February 11, 2005, due to the inheritance due to the consultation division, and the mother of the plaintiffs was the mother of the deceased E.

The deceased E (hereinafter referred to as “the deceased”) operated the term “F” in the instant building, and died on November 8, 2014. The deceased’s heir is the Plaintiffs, G, and H4.

The Defendant received the entire share of the instant building from G on April 28, 2017, while the instant lawsuit was pending with respect to the instant building, and from H on May 17, 2017, respectively.

As of the closing date of the argument of this case, the plaintiffs own each of the 1/4 shares in the building of this case and the defendant own 1/2 shares.

The defendant with respect to the possession of the building of this case is in charge of the new legal council in the building of this case after the death of the deceased, and operates the Section under the name of "I".

Plaintiff

A occupied and used two partitionss and 1/2 of warehouses among the instant buildings, and removed on November 15, 2018.

[Ground of appeal] The plaintiffs asserted by the parties to the judgment as to the plaintiff's claim for extradition of Gap's 1 through 4, 7, 8, 9, Eul's 6, 7, and 8, and Eul's 6, 7, and 8 (including the number of pages; hereinafter the same shall apply), and the whole purport of the pleading is to seek delivery of the building of this case against the defendant as a co-owner of the building of this case as part of the preservation act of co-ownership.

The defendant's assertion is co-owners who own 1/2 shares of the building of this case, and thus the plaintiffs cannot seek delivery against the defendant.

Judgment

Matters related to the management of the article jointly owned are decided by a majority of shares (Article 265 of the Civil Code). A/2 right holder of the article jointly owned shall not exclusively use the article without consultation with other 1/2 right holder and the rest of the right holder of the right.