Attorney Lee Chang-soo, Counsel for the defendant-appellant

2. I

3. L.

5. M.

6. N;

Defendant 4 through 6, each of the attorneys Lee Jae-won, Counsel for the defendant-appellant

Attorney Final-ok

2. The costs of appeal shall be borne by the Plaintiff, while the costs of appeal between the Plaintiff, Defendant H, I, and L shall be borne by Defendant D, M, and N, respectively.

1. From the Plaintiff, with respect to the buildings listed in paragraph (7) of the Attached List No. 7, Defendant I shall accept the application procedure for ownership transfer registration for the buildings listed in paragraph (8) of the Attached List No. 8, and Defendant L shall accept the application procedure for ownership transfer registration for the reason of the restoration of each real name for the buildings listed in paragraph

2. The Plaintiff:

가. 피고 D은 별지 목록 제2항 기재 건물 중 별지 제1도면 표시 ㄷ, ㄹ, ㅁ, ㅂ,ㅅ, ㅇ, ㅈ, ㅋ1, ㄴ2, ㅂ1, ㄷ의 각 점을 순차로 연결한 선내 69.1㎡를,

나. 피고 H은 별지 목록 제7항 기재 건물 중 별지 제1도면 표시 ㅁ3, ㅍ2, ㄱ3, L3, ㄷ3, ㄹ3, ㅁ3의 각 점을 순차로 연결한 선내 50m²를,

다. 피고 I는 별지 목록 제8항 기재 건물 중 별지 제1도면 표시 ㄷ2, ㄹ2, ㅈ2, ㅊ2, ㅋ2, ㅌ2, ㄷ2의 각 점을 순차로 연결한 선내 67.3m를,

라. 피고 L은 별지 목록 제11항 기재 건물 중 별지 제2도면 표시 ㅅ3, ㅇ3, ㅈ3, ㅊ3, ㅋ3, ㅌ3, ㅅ3의 각 점을 순차로 연결한 선내 40.2m²를,

마. 피고 M는 별지 목록 제12항 기재 건물 중 별지 제2도면 표시 ㄴ4, ㄷ4, ㅇ4, ㅈ4, ㅊ4, ㅋ4, ㄴ4의 각 점을 순차로 연결한 선내 39.7m를,

F. From among the buildings listed in paragraph (13) of the attached list list, Defendant N is 39.7 square meters on board, which connects each of the items indicated in the attached list 2 drawings 34, 4, 54, 64, 74, 84, and 39.7 square meters in sequence.

each removal of the goods.

3. The Plaintiff:

(a) Defendant D’s share 32.21/3 of the land listed in [Attachment List No. 14];

B. Defendant 1 shall share 36.1/216.6 of the land listed in [Attachment List No. 15]; Defendant I shall share 37.81/1 of the land listed in Attached List No. 16;

D. Defendant L = 24.37/164,00 of the land listed in [Attachment List No. 17] ;

E. Defendant M and N transfer each share of 24.52/165 of the land listed in [Attachment List No. 18].

4. The Plaintiff:

A. The money calculated by Defendant D’s 26,061,108 won and 217,417 won per month from January 1, 2016 to the time when the part of Defendant D’s land possession as described in the above 3-A is transferred;

B. The money calculated by Defendant H from January 1, 2016 to January 1, 2016 at the rate of KRW 186,817 per month from the date of delivery of the part of Defendant H’s land possession as stated in the above 3-B;

C. The money calculated by Defendant I from January 1, 2016 to January 1, 2016 at the rate of KRW 255,217 per month from 30,592,068 and from January 1, 2016 to the delivery of the part of Defendant I’s land possession:

D. The money calculated by Defendant L from January 1, 2016 to January 1, 2016 at the rate of 121,545 won per month until the delivery of the part of Defendant L’s land possession as stated in the above 3-D;

E. Defendant M and N shall pay each of the money calculated at the rate of KRW 126,891 per month from January 1, 2016 to the delivery of each part of Defendant M and N’s possession of each of the lands listed in subparagraph 3(e).

Purpose of Appeal>

1. Plaintiff: The part against Defendant H, I, and L in the judgment of the first instance against the Plaintiff shall be revoked. The same shall apply to the part stated in paragraph (1) of the claim.

2. Defendant D and N: Revocation of each part of the judgment of the first instance against Defendant D and N, and all of the Plaintiff’s claims against Defendant D and N are dismissed.

3. Defendant M: Revocation of the part against Defendant M among the judgment of the first instance, and the Plaintiff’s claim corresponding to the above revocation is dismissed.

The reasoning of the judgment of this court is as follows, except for dismissal or addition of the plaintiff's assertion in this court, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.

2. Parts to be removed or added;

A. The height part

The 11th judgment of the first instance court, "D" of the 13th and 14th judgment, shall be "Defendant D".

B. Additional determination

The plaintiff asserts to the purport that the part of the claim for the acquisition of the ownership transfer registration procedure against the defendant L takes effect as a confession pursuant to Article 150(3) of the Civil Procedure Act, and should be cited.

According to Article 150 of the Civil Procedure Act, only a confession shall apply to the actual argument of the other party, and it shall not apply to the legal argument (see Supreme Court Decision 73Da907, Oct. 10, 1973). This part of the claim against the defendant L cannot accept the plaintiff's claim as a result of the legal assessment and application of the law, even if the facts alleged by the plaintiff are fully recognized, so even if the defendant L is deemed to have led to the plaintiff's assertion, the plaintiff's claim against the defendant L cannot be accepted.

Therefore, we cannot accept this part of the plaintiff's assertion.

3. Conclusion

Thus, each claim against Defendant H, I, L, and M is accepted in part within the scope of the above recognition, and each claim against Defendant D and N is dismissed as without merit. Each claim against Defendant D and N is justified. Since the judgment of the first instance is just in conclusion, the Plaintiff’s respective appeal against Defendant H, I, and L and all appeals against Defendant D, M, and N are dismissed.

Judge Choi Jong-hoon

Judges Min Il-Gyeong

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.