1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, with the exception that the part of the judgment of the court of first instance is dismissed, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

The 6th sentence of the first instance judgment, the 14th to 18th sentence, are as follows.

In light of the following circumstances: (a) the Plaintiff purchased the instant shopping mall E and AF units from N, the seller around January 21, 1986, and completed the registration of ownership transfer for each share of the Plaintiff 1/2 and Defendant 1/20, 24, 27, 33, 35, 37 through 40, 42, 44 through 59 (including the serial number), and there is no other evidence to acknowledge the allegation; (b) the Plaintiff purchased the instant shopping mall units and AF units adjacent to the instant shopping mall units; and (c) the Plaintiff and the Defendant did not know that the ownership of the instant commercial building was transferred to the Plaintiff on or after the date of the first sale of the shares in the instant shopping mall units; and (d) the Plaintiff and the Defendant did not have any reason to claim that the ownership of the instant building was transferred to the Plaintiff on or after the date of the first sale of the shares in the instant commercial building in its name.