1. The plaintiff

A. Defendant B shall remove the buildings listed in the separate sheet No. 1 and the site listed in the separate sheet No. 2.

1. Basic facts

A. The Plaintiff acquired the ownership of 23.3/4 shares, which was owned by Defendant B on January 2, 2007, as to the site listed in the attached Table 2, which was owned by Defendant B, D, Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, E, and F (hereinafter “instant site”) due to the sale by the voluntary auction on December 8, 2006.

At present, the instant site is jointly owned by the Plaintiff Non-Party D (18.4/88.4), Seoul (14.7/4), Yeongdeungpo-gu (11.37/4), Yeongdeungpo-gu (88.4), E (8.5/4), G (7.248/4), and H (4.832/4).

B. Defendant B completed the registration of ownership preservation on March 18, 1996 regarding the building listed in the attached Table 1 list (hereinafter “instant building”) on the instant land.

C. Defendant C operates and occupies a restaurant at the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-1, 2-2, 2-1, 2-3, and the purport of the whole pleadings

2. Determination:

A. 1) Defendant B owned the instant building and occupied and used the instant land regardless of any actual possession of the instant building or its site. Moreover, by occupying and using the instant land, Defendant C obtained profit from the use of the instant land and thereby inflicted damage on the Plaintiff equivalent to the Plaintiff’s share ratio. Defendant C occupied the instant building, thereby interfering with the Plaintiff’s exercise of ownership of the instant land. (2) Defendant C, a co-owner of the instant land, sought removal of the instant building and delivery of the instant land against the Defendant B as a preservation act, and sought removal of the instant building from the instant building, barring any special circumstance, Defendant B removed the instant building to the Plaintiff and delivered the instant site to the Plaintiff, and barring any special circumstance, equivalent to the share ratio of the Plaintiff among unjust enrichment corresponding to the Plaintiff’s profit from the use of the instant land.