1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 4, 2006, each registration of ownership transfer was made on November 10, 2006, with respect to one-third share of 8,022 square meters (hereinafter “second-class land”) among the 536 square meters in Gyeonggi-gun D (hereinafter “one land”) and the 8,022 square meters in E, respectively.

B. Of the land 1 and the land 2, a brick studio housing (hereinafter referred to as “instant housing”) is constructed on the ground of 50 square meters in the part inside the ship connected in order to each point of A, 36, 35, 34, 33, 32, 31, 30, and 30 square meters of the attached drawing among the land 1 and the land 2, and one brick studio housing (hereinafter referred to as “instant housing”) connected in order to each point of 28, 27, 26, 25, 24, 23, 22, 21, 20, 19, 18, B, 29, and 28 square meters of the attached drawing.

C. The instant house was unregistered and built around 1946 by the network H. The deceased on February 27, 1993 and the deceased on February 27, 1993 and succeeded to the instant house by the deceased H. The deceased on October 29, 2002, and the Defendants, the deceased on October 29, 2002, inherited the instant house, and the deceased on August 15, 2003, the deceased on August 15, 2003, and the Defendants currently owned one-half shares of the instant house.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Eul evidence Nos. 2 (including branch numbers), witness of the court of first instance, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the principal claim, the Defendants are deemed to possess part of the land No. 1 and the land No. 2, which became the site through the ownership of the instant house without title. Thus, barring any special circumstance, the Defendants are obligated to remove the instant house to the Plaintiff seeking removal and delivery of each 1/2 share of common property as an act of preserving the jointly owned property, and deliver the land No. 1 as sought by the Plaintiff.

B. The Defendants asserted by the Defendants on the grounds for and defenses of the counterclaim No. 1 on the land.