1. The defendant removes the buildings listed in paragraph (1) of the attached list to the plaintiffs, and real estate listed in paragraph (2) of the same list.

1. The parties' assertion

A. The plaintiffs asserted that they are the 1/2 equity owners of each of the sites listed in the separate sheet No. 2 (hereinafter "the instant site"), and the defendant is the previous owner of the said site.

The Plaintiffs are likely to obstruct the exercise of ownership due to a building listed in paragraph (1) of the attached Table owned by the Defendant, which was newly constructed on the ground of the said site without title (hereinafter referred to as the “new building of this case”).

Accordingly, the plaintiffs seek removal of the above building and delivery of the site against the defendant.

B. The Defendant’s assertion D owned a single-story building that existed on the above site and its ground. Around 1993, the above multi-story building was removed and the new building was constructed on the same site, but the registration of ownership was not completed due to the lack of approval for use.

The defendant purchased the above site from D in 1994, but the unregistered new building was not purchased.

Therefore, since the owner of the above new building is still D, the defendant cannot become the other party to the claim of this case.

2. Determination

A. The plaintiffs are the owners of 1/2 shares of the instant site, and the facts that the defendant is the previous owners of the said site do not dispute or are recognized by the statement in Gap evidence No. 1 (the plaintiff A) (the plaintiff A completed the registration of transfer of 1/2 shares on November 24, 2008 in the Busan District Court E voluntary Auction case, which commenced with respect to the instant site on November 18, 2008, due to purchase on November 24, 2008, and the plaintiff B completed the registration of transfer of the remaining 1/2 shares on the ground of the purchase on November 26, 2014 from the F who was the joint purchaser at the time of the purchase on November 26, 2014). Next, the claim for removal of unregistered building should be the defendant with the authority to dispose of the building in fact under the law, and the defendant is examined as to whether or not the defendant has such authority.

(b) facts without dispute, Gap 1, 2 evidence, Eul 1, 1.