1. At the request of a change in exchange at the trial, the defendant C and the Appointor B shall jointly be the defendant C and the Appointor B.

1. Basic facts

A. Defendant B is the Plaintiff, and Defendant C is the husband of Defendant B.

B. After the death of father F, on February 19, 194, the Plaintiff inherited each of the two-story buildings on the ground of the instant land solely by 1/2 of the shares of E, the mother, and D 175 square meters (hereinafter “instant land”).

C. On November 10, 2005, the Plaintiff received the gift of E’s share in the instant land.

Accordingly, the Plaintiff becomes the sole owner of the entire land of this case and the second floor building on its ground.

On the ground of this case, in addition to the above two floors, there are 36 square meters square meters in the part of "(i)" of Simenmen block structure, string block structure, 36 square meters (hereinafter "the building in this case"), which connects each point of 1, 2, 3, 4, 5, and 1, in addition to the above two floors, the building in this case is not registered in the register.

E. The Defendants are operating a fireworks while occupying the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including a branch number; hereinafter the same shall apply) and images, the result of a request for surveying and appraisal to the branch offices of the Korea Land Information Corporation in the appellate court, the purport of the whole pleadings

2. The Plaintiff’s ownership of the instant land and its second floor buildings, and the Defendants occupied the instant building as seen earlier.

According to the purport of Gap evidence Nos. 2 and 5, the building of this case was constructed around August 1986 by F, who was the owner of the land of this case, and thereafter inherited the building of this case to the plaintiff together with the second floor building on the land of this case, and thus, the plaintiff owned the building of this case.

Therefore, the Defendants jointly occupying the instant building are jointly obligated to deliver the instant building to the Plaintiff.

In regard to the relationship between the Defendants’ obligations, the obligation of joint possessors to deliver real estate is indivisible in its nature, and the Defendants’ instant case.