1. The defendant shall be the plaintiff.

A. Of the lands listed in the attached list 1 and 2, the Attached Form Nos. 39 through 65.

1. Facts recognized;

A. The Plaintiff owns each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter in this case) and the Plaintiff and the Defendant own 1/2 of each of the buildings listed in the separate sheet No. 3 (hereinafter in this case).

B. Of each of the instant lands, the housing built by the Defendant by extending the instant building (hereinafter “the instant housing”) is located in the area of 443 square meters on board “2, 5, and 63 square meters” indicated in the separate drawings on the land.

C. The Defendant, among the instant land No. 2, installed a road 485 square meters on the “vii” part of the attached specification on the ship, and a garage 53 square meters on the part of “place of attachment” on the same specification on the same specification on the ship (hereinafter “the instant garage”).

[Ground of Recognition] A without dispute, entry of Gap evidence 1 through 5, the result of the commission of each measurement appraisal to the chief of the Korea Land Information Corporation and the branch offices of the two parallel group of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Co-owners are obliged to remove within the limits of their share in respect of removal of a building, which is the co-owned property for determination of removal and delivery requests;

Therefore, the plaintiff who is the sole owner of the land and the co-owner of the building can file a partition of co-owned property with the defendant who is the co-owner of the building and claim the removal due to illegal possession even before the removal part

(See Supreme Court Decision 74Da537 delivered on August 30, 1974. According to the above legal principle in light of the above facts, the defendant at least owned the 1/2 share of the housing of this case and the road and the garage of this case, thereby hindering the plaintiff's exercise of ownership. Thus, the defendant must remove the housing of this case and the road and the garage of this case and deliver each of the land of this case to the plaintiff.

B. The Defendant held the instant house, road, and garage, without any legal ground, to determine the claim for return of unjust enrichment.