1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Assertion and determination

A. The Plaintiff’s assertion is solely owned by the Plaintiff, which was newly constructed with the Plaintiff’s cost and effort.

The Plaintiff did not conclude an agreement to share the instant building in five shapes, and even if there was such an agreement, other types of punishment, co-owners of the land, do not immediately acquire the ownership of the instant building.

In addition, although the plaintiff allowed other brothers and sisters to temporarily use the building of this case, there is no exclusive or exclusive possession of the building of this case.

Since the Defendant voluntarily renounced the right to use the instant building on November 7, 2005, the Plaintiff, the Defendant, and the siblings agreed to jointly use the instant building.

Even if the agreement was implicitly rescinded upon the agreement between the plaintiff and the defendant.

Therefore, since the defendant occupies the building of this case without any title, it is obligated to deliver it to the plaintiff.

B. The Plaintiff, the Defendant, and the Defendant’s brothers and sisters jointly agreed to jointly construct the instant building, and thus, the Plaintiff agreed to bear the costs of construction of the said building. Therefore, the instant building is jointly owned by the Plaintiff, the Defendant, and the Defendant’s brothers and sisters.

C. The ownership of a newly constructed building is, in principle, acquired by a person who constructed it in his own effort and materials. However, even if the contractor completes the building in his own effort and materials in the construction contract, it is agreed that the ownership of the completed building will be reverted to the contractor by obtaining a construction permit under the name of the contractor and the contractor, even if the contractor completes the building in his own effort and materials.