1. The defendant shall be the plaintiff.

(a) remove the buildings listed in paragraph 2 of the attached list and the land listed in paragraph 1 of the same list;

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) completed the registration of ownership transfer on September 16, 1967 with respect to the land of this case on the ground of sale as of June 10, 1967.

B. The Defendant, who is the wife of the deceased, newly constructed a building listed in the attached Table No. 2 (hereinafter “instant building”) on the instant land with the approval from the deceased for the use of the site, and completed the registration of initial ownership on May 8, 1996.

C. On July 5, 2012, the Deceased donated 1/2 shares out of the instant land to the Defendant, and completed the registration of ownership transfer with respect to 1/2 shares on the same day.

On April 18, 2014, the Deceased died, and D, E, and F, the Defendant and their children jointly inherited the deceased’s property. On June 13, 2014, the registration of ownership transfer of 2/18 shares in the name of the Defendant, 3/18 shares in the name of the Defendant, and 2/18 shares in the name of the children, among the instant land.

E. Of the instant land, the procedure for compulsory auction was conducted in Suwon District Court G with respect to each of the shares inherited by the Defendant and his/her children (total 1/2 shares). On April 18, 2016, the Plaintiff paid in full the proceeds of the sale in the said compulsory auction procedure and acquired ownership of the said 1/2 shares.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. Determination 1 as to the cause of the claim where both co-owners share 1/2 shares equally, a 1/2 equity right holder may not exclusively use the goods without consultation with the other 1/2 equity right holder. The remaining equity right holder has the right to seek the exclusion of exclusive use, i.e., removal of a building on the ground and delivery of a land, as an act of preserving the jointly-owned property, and to seek the exclusion of exclusive use (see Supreme Court Decision 2002Da57935, Nov. 13, 2003). In addition, co-owners of land may use and benefit from the entire land according to their respective shares ratio, but the land is specific.