1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a co-ownership holder who owns shares of 48,28,489/1,771,646,350 of the building listed in the separate sheet (hereinafter “instant building”).

B. Of the second floor of the instant building, the Defendants occupy approximately 10 square meters in the part A (hereinafter “instant real estate”) on the ship which connects 1, 2, 3, 4, and 1 in sequence, among the second floor of the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 3-2, Gap evidence 7-2, Eul evidence 1-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendants occupied the instant real estate without any title. As such, the Plaintiff, a co-owned share holder, is seeking to order the Defendants to preserve the instant real estate.

B. The Defendants asserted that the Defendants cannot respond to the Plaintiff’s claim since they occupy the instant real estate with the consent of the majority of the right holders of the instant building.

C. Since the co-owners of a majority share intend to exclusively use and benefit from a specific part of the co-owned property is lawful as management method of the co-owned property, the co-owners of a small number of shares cannot seek exclusion from possession, such as removal or withdrawal of a building used or benefitting from by the possessor (see, e.g., Supreme Court Decisions 2009Da22235, Jun. 25, 2009; 2002Da9738, May 14, 2002; 2002Da9738, May 14, 2002); D (including provisional numbers) who is the co-owner of the building of this case, determined the rental period of the building of this case by 30/16, 350, 867, 898, 506) from March 19, 2013; and