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1. The defendant shall make the plaintiff A with respect to the share of 9,198/100 of C, a ditch of 2,16 square meters in Nam-si, Namyang-si, and 846/104 of the share.
Reasons
1. The following facts of the recognition are either in dispute between the parties or in accordance with Gap evidence of Nos. 1 to 10 (including the numbers of proof) and Eul evidence of No. 1, together with the overall purport of the pleadings, and there is no counter-proof otherwise.
According to the Land Survey Division for Yang-gun-gun-gun D (hereinafter “former Land”) (hereinafter “former Land”) drafted during the Japanese occupation period, the F, which is the increased portion of the plaintiffs' interest in E on October 1, 1913, is registered as the owner of the above land.
B. Since then 625, the official cadastral record of the former D’s land was destroyed by the competent cadastral authority, and the official cadastral record of the former D’s land was restored by the competent cadastral authority. On December 10, 1958, the previous land was divided into H 34 square meters, 485 square meters, and J 169 square meters, including the former G G 640 square meters, and again, the former G G G 640 square meters was c ditch 2,116 square meters (hereinafter “instant land”).
C. However, the Defendant completed the registration of ownership preservation in the name of the Defendant as the receipt of No. 2798 on May 10, 1996, the Namyang District Court, the Namyang District Court, the Namyang District Court, and the registration of ownership preservation on the instant land.
On the other hand, the property of F was inherited in succession as follows:
(See [Attachment Succession] He died on January 5, 1919 and solely succeeded to F’s property by a person who inherited Australia. 2] M died on October 20, 1953, and the N who inherited Australia was solely succeeded to M’s property.
3) N is a child born between N and U, who died on April 22, 1969 and wife P, Q, R, Plaintiff A, S, and T (the above children were born around July 1960 between N and U, where the judgment of nullity of marriage became final and conclusive around July 1960.
4) On May 5, 1981, theO jointly succeeded to the property of N, V,W, Plaintiff B, X, and Y. TheO died and jointly succeeded to the property of P, W, Plaintiff B, X, and Y.
5 P. P. On February 18, 1982, the wife of the Z, AA and AB died.