beta
Text
1.The judgment of the first instance shall be modified as follows:
The plaintiff's claims against the defendant and the intervenor are all made.
Reasons
1. Basic facts
A. 1) The process of changing ownership is 1,035 square meters in B maintenance 1,035 square meters (hereinafter “instant land”).
On December 16, 1938, the process of change of ownership after the Joseon Trust Co., Ltd. was registered as the owner is as follows. On March 4, 1950, the registration date of ownership transfer on October 10, 1946, the transfer of trust property on June 29, 1985 following the termination of the trust on May 20, 1950, the registration date of ownership transfer was made by the Daegu District Court on August 30, 1989 on August 11, 1989, and the registration date of ownership transfer was made by the Daegu District Court on August 11, 1983 on August 20, 198, and on August 11, 1989, the Defendant sold the shares to the Intervenor Daegu District Court on May 15, 2015, and the Defendant sold the shares to the Intervenor Daegu District Court on August 15, 2015 (hereinafter “the share transfer registration was received by the Intervenor”).
Then, on May 13, 2016, the Defendant and the number of the Defendants agreed to divide the pertinent land into co-ownership, and around that time, each of the co-ownership of the instant land was completed as a single co-ownership of the Defendant and the co-ownership of the instant land by dividing the instant land into “B 640 square meters,” and “H 395 square meters,” and “H 395 square meters,” respectively, (hereinafter “H land”). On May 23, 2016, the Defendant was solely owned as of May 23, 2016, and the H land was received on May 23, 2016 by the same registry office as of May 23, 2016.
B. Land category of the instant land was originally changed to “maintenance” on December 8, 1948.
C. Part of the instant land among the instant land is the site and embankment of the “E” reservoir, which is currently managed by the Plaintiff, and the remainder is dry field.
According to the Defendant’s assertion, approximately 642 square meters of the instant land is E’s site and embankment, and approximately 393 square meters of the remainder.