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1. Revocation of the first instance judgment.
2. Upon the selective claims added by this Court, Jinju E 1.
Reasons
1. Facts of recognition;
A. On March 13, 1979, the registration of ownership preservation was completed in the future of the Republic of Korea on the land of 1,243 square meters in Jinju-si (hereinafter “instant land”).
B. Of the instant land, F in possession of the part of the ship (b) connected with each point of the separate sheet Nos. 2, 3, 17, 18, and 2 (hereinafter “the part in possession of this case”) among the land in this case, the portion in possession of this case was decided to be paid out by the State. Accordingly, F purchased shares of 155/1,243 out of the instant land from the Republic of Korea on April 27, 1984 (hereinafter “the instant share”), and the registration of transfer of ownership in F’s name was completed on August 28, 1984.
C. Meanwhile, around April 2, 1984, before the Plaintiff purchased the instant shares from the Republic of Korea, the Plaintiff entered into a sales contract with F to purchase the instant shares and the instant shares of KRW 2,200,000 (hereinafter “instant sales contract”), and paid the down payment of KRW 2 million on the same day, and paid the remainder KRW 2 million by May 12, 1984.
F On May 11, 1984, the F died, and there are Defendant C (name before the opening of name: I) and D, who is the deceased of May 11, 1984, who is the deceased of F, as the inheritor of the F. F.
E. On May 12, 1986, the Plaintiff paid 2 million won for the remainder of the instant sales contract to J who participated as a observer.
F. Upon the Plaintiff’s subrogation application, 930/13,673 shares out of the instant shares on September 26, 2017 were transferred to Defendant B, 155/13,673 shares in Defendant C, 620/13,673 shares in Defendant D, respectively, on May 11, 1984.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 8 (Evidence Nos. 6 and 7 of the Evidence No. 7 of the court of first instance shall be recognized in full view of the purport of the whole pleadings as to the plaintiff's possession of the witness G of the court of first instance and the registration certificate of F's identity), and Eul evidence Nos. 3-1 through 3.