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1. The Plaintiff:
A. Defendant B indicated in the attached Form 13, 17, 18, 16, and 13 among the land size of 734 square meters in Busan Shipping Daegu D, Busan Metropolitan City.
Reasons
1. Basic facts
A. 1) The sum of the land at issue is as follows: (a) 734 square meters in D miscellaneous land; (b) 248 square meters in H miscellaneous land; (c) 179 square meters in I miscellaneous land; and (d) 562 square meters in E miscellaneous land (hereinafter referred to as “instant land”).
(2) From June 22, 2006, the land of this case and its surrounding areas were owned by J. 2) The current status of the land of this case and their surrounding areas are as indicated in the annexed Tables 3 and 4. K road that is most adjacent to the land of this case (hereinafter “instant meritorious services”). The land of this case is not directly connected to the instant meritorious services.
B. 1) L Co., Ltd. (hereinafter “L”).
A) On the instant land, the instant land sought to build a new building on the second and nine stories above the ground. As a road leading to the instant contribution was needed to obtain a new building permit, M Co., Ltd. (hereinafter “M”) which was the owner of F land and G land at the time when the road leading to the instant contribution was needed to obtain a new building permit.
(2) On July 3, 2007, upon request of the Busan District Court under the provisional disposition order prohibiting the disposal of real estate on July 2, 2007 (No. 2007Kadan1943) the registration of preservation of ownership was completed only in the case of the instant building on July 3, 2007 upon request of registration under the registration order under Article 2(2) of the former Enforcement Decree of the former Enforcement Decree of the Building Act.
C. During the process of the relevant civil case, J filed a lawsuit against L, etc., which acquired ownership by constructing the instant building and seeking removal of the instant building and delivery of the instant land by Seoul Central District Court 2006Gahap109860. L filed a counterclaim seeking confirmation of superficies, etc. with the same court 2007Gahap9333, which was the owner of the instant land. The appeal was filed after the first instance judgment was rendered and the appeal was filed.