1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. Basic facts

A. Nonparty C completed the registration of initial ownership relating to B large volume B 2,823 square meters in Seodaemun-si around 1974.

B. On February 13, 1978, the Daegu-gu Incheon Metropolitan City Foundation maintained the ownership transfer registration for shares of 754/854 out of the above real estate was made by C, and on February 13, 1978, the Plaintiff completed the registration of ownership transfer for such shares on the ground of donation on December 23, 1977.

C. On June 29, 1995, Nonparty D completed the registration of ownership transfer for reasons of sale on March 13, 1982 with respect to the remaining portion of 100/854 of the said real estate from C.

As a result, while the Plaintiff and D shared the said real estate, they were divided into the common property on the basis of the buildings constructed on the above real estate on around 2013, and conducted a boundary survey. Under the Act on Special Cases Concerning the Partition of Co-Owned Land, the Plaintiff and D divided the said real estate into the following categories: ① 360 square meters, ② 578 square meters, ③ F large 28 square meters, ④ 288 square meters, ④ G large 1,049 square meters, ⑤ G road ④ 70 square meters, ⑤ 648 square meters, 70 square meters, 70 square meters, and 30 square meters, respectively, and registered the change of ownership of the said real property as owned by D.

(hereinafter referred to as “B land before subdivision,” unless it is specifically called “B land before subdivision,” “B land” refers to the land after subdivision as above.

On the other hand, the unregistered K-261 square meters is located on the next side of the land B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 4, 5, and 10, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In full view of the overall purport of the pleadings as a result of the commission of appraisal to the Korea Cadastral Survey Center, the Korea Cadastral Survey Center of the first instance court, the Korea Cadastral Survey Center of the Daegu Special Metropolitan City (Expert L), the entire purport of the arguments is as follows: (a) land B, which connects each point of which is indicated in the attached Form No. 14, 15, 16, 17, 18, 19, and 14 on the ground B, the part 1 of the ship, which is not less than 38 square meters and the table 20, 21, 22