1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. The Defendants each on February 24, 2015.

1. Facts of recognition;

A. Defendant B is an infant of D and E, and Defendant C is the spouse of Defendant B.

B. On December 15, 2010 with respect to the real estate listed in the separate sheet owned by D and E (hereinafter “instant apartment”), the registration of creation of a collateral (hereinafter “mortgage”) was completed on December 15, 2010 with respect to the debtor, Defendant B, Korea Bank Co., Ltd. (hereinafter “Korea Bank”), the maximum debt amount of 85,200,000 won.

C. After that, the Industrial Bank of Korea filed an application for compulsory auction with the Suwon District Court for shares of D 1/2 among the apartment buildings in the instant case, and the said court rendered a decision to commence compulsory auction on June 25, 2014.

In the above auction procedure, the plaintiff received the decision of permission for sale as the highest price purchaser, and paid the sale price on February 24, 2015.

E. The Defendants are occupying and using the instant apartment prior to February 24, 2015.

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

2. Determination

A. In a case where both co-owners share equally one-half shares in relation to the cause of the claim, a 1/2 equity right holder cannot exclusively use the goods, without consultation with the other 1/2 equity right holder, and the remainder of the right holder is an act of preservation of the jointly owned property, and is entitled to seek the exclusion of the exclusive use of the property, i.e., removal of the building on the ground and delivery of the land.

(See Supreme Court Decision 2002Da57935 Decided November 13, 2003, etc.). According to the above facts of recognition, the Plaintiff, a 1/2 equity right holder of the instant apartment, among the instant apartment, can seek delivery of the instant apartment against the Defendants who occupied and used the instant apartment, as an act of preserving jointly-owned property.

Therefore, barring any special circumstance, the Plaintiff and the Defendants deliver the instant apartment, and the Defendants respectively acquire the 1/2 equity interest in the instant apartment from February 24, 2015 to the delivery of the said apartment.