1. The plaintiffs' appeal and the plaintiff B's claim expanded from the trial are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Basic Facts

B Before the expropriation of the instant real estate, the first lawsuit L is divided into 74 square meters and 132.2 square meters (hereinafter “I land”) and 115 square meters (hereinafter “C land”) of I and I and 15 square meters (hereinafter “C land”), and the land was newly constructed on October 197, 197, after selling C land and buildings to the Plaintiff and completing the registration of ownership transfer on March 17, 1978.

L, as a result of the boundary survey conducted on April 1978, it was found that C’s ground-based building was affected by 4.5 square meters (hereinafter “influent part”) of I’s land, and around May 1978, L agreed to transfer the affected part of I’s land to B to the Plaintiff and agreed to transfer it to the Plaintiff, and entrusted the judicial secretary with the procedure for the transfer registration of ownership of 4.5/40 of I’s land. However, the ownership transfer registration was not completed.

L, around June 1978, newly constructed a building on the I’s land (hereinafter “I’s building”) and transferred the building to O on May 19, 1983, with the exception of the damaged part of the I’s land. O transferred P, P, Q, and Q to R in sequence as the present condition.

However, in the process of completing the registration of ownership transfer from L to R through P and Q, the registration of ownership transfer has been completed for the entire part of the remaining I land because it was erroneous that the registration of ownership transfer was completed in the future of Plaintiff B.

R has filed a lawsuit against the Plaintiff B seeking the removal, etc. of the part of the course of the building C (U.S. District Court 95Kadan4598). The Plaintiff filed a counterclaim (95Kadan802) seeking the implementation of the procedure for ownership transfer registration based on the termination of title trust with respect to the part of the building affected by R, etc. (the counterclaim) against the Plaintiff B, which was affected by the appellate court on July 10, 1996.