1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. Around February 8, 2003, on the land of 218m2 in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant land”) the fourth and nine households above ground (101, 102, 201, 202, 301, 301, 401, 401, 402, and 403) were constructed. Of them, on 401, on the land of 401, the registration of preservation of ownership was made in D’s name on February 25, 2003, and on March 19, 2003, the registration of ownership transfer was completed under the name of the Defendant on February 20, 2003 under the name of the Defendant, but the registration of ownership transfer was not completed until now.

B. Meanwhile, the registration of ownership preservation was made in the name of Gwanak-gu in Seoul Special Metropolitan City due to a land readjustment project on January 12, 2005 with respect to the instant land, and each share transfer registration was made in sequence in the name of the Plaintiff on February 16, 2016, in the name of D on February 16, 2016 with respect to the portion of 0.06945 percent of the instant land.

On the other hand, with respect to the remaining portions of the instant land, the registration of ownership ownership right was made for each entire portion after the registration of ownership transfer was made in the name of the owner of each section of exclusive ownership under the following items: 101, 102, 201, 301, 302, 403, and 402 of the instant multi-household housing.

(In particular, the part No. 402 was registered in the name of the plaintiff). [Reasons for Recognition] The fact that there is no dispute, each entry in Gap evidence No. 1 through 6, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is a part of the land in this case's ownership, and the defendant occupies 401 of the multi-household house in this case's ground and uses it without a site ownership, so the defendant is obligated to remove 401 of the defendant's ownership to the plaintiff.

B. The facts that the Plaintiff owned 0.06945/1.094 shares in the instant land are owned by 0.06945 shares, as seen earlier, and some equity right holders may solely seek preservation of the jointly owned property.

However, the preservation act of the article jointly owned is the article jointly owned.