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1. The Plaintiff:
A. As to the share of 72/122 square meters of 23 square meters of the Busan Young-gu D-do, Busan. B.
Reasons
1. Facts recognized;
A. Defendant B and E shared shares of 72/122 and shares of 50/122 of each of them were divided into “122 square meters before Busan Metropolitan City F. 122 square meters (hereinafter “Before subdivision”) from “D preceding seven square meters” on December 28, 1976, and “141 square meters beforeG” on March 31, 197.
B. After the change of land category into a road, “D road 23 square meters” (hereinafter “instant land”). The sharing share was 72/122 and 50/122 of Defendants B and E122 identical to the land before the division, and the said sharing share in the register is identical until now.
C. Since the land category was changed, “141 square meters in G,” the above “141 square meters in land category was changed (hereinafter “the adjoining land of this case”). As to this, it was owned solely on July 3, 1978 due to the partition of co-owned property on June 30, 1978, and thereafter, it was registered in sequence on December 23, 1989 on the ground of inheritance as of October 30, 1989 (E’s wife) and on March 22, 1990, on the ground of sale as of March 28, 1990.
On July 3, 1978, the remaining part of the land before subdivision (hereinafter “after subdivision”) became the sole owner of the Defendant B’s land after subdivision.
E. The respective locations and shapes of the land (F), the adjoining land (G), and the instant land (D) are as follows:
J K G F LD
F. On March 3, 1977, E constructed a second floor of reinforced Blub roof (hereinafter “instant building”) on the ground adjacent to the instant building, and completed the registration of ownership preservation in the future on July 4, 1978. He, the wife of E, around that time, resided in the instant building and died, completed the registration of ownership transfer on the instant building and the instant adjacent land in the future on December 23, 1989.
After that, regarding the building of this case and the adjoining land of this case, the first, April 28, 1990, in order of the plaintiff on November 17, 1994.