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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On the ground of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant land”) a building listed in paragraph (1) of the attached Table (hereinafter “instant building”) and an aggregate building listed in paragraph (2) of the attached Table (hereinafter “instant aggregate building”) are respectively constructed.
B. Of the instant land, D, the owner of the instant building, held shares of 33.68/345.6, and shares of 291.92/345.6 of the instant land were owned by the sectional owners of the instant aggregate building from the time of the acquisition of each section of exclusive ownership, from the time of the acquisition of each section of exclusive ownership.
C. Of the instant land, the remaining 20/345.6 shares (hereinafter “the instant co-ownership shares”) were previously owned by E. However, E newly constructed a 20m20 square meters of the instant land, which was recorded on the land on the ledger of unauthorized Buildings (hereinafter “F building”) and transferred the instant co-ownership shares and F building to G on March 12, 1981. G transferred the instant co-ownership shares to H. H. on February 26, 2004 (hereinafter “Defendant in this case; hereinafter “Defendant”) and six other (i) including the above seven co-ownership shares, including the Defendant, sold the instant co-ownership shares to the management committee for ownership transfer registration, and (ii) transferred the ownership transfer registration to the said management committee for each of the instant co-ownership shares (hereinafter “I et al.”).
On the other hand, the F building is registered as existing on the land of this case on the ledger of unauthorized Buildings, but actually there was a lot of land adjacent to the land of this case on the P ground of Yongsan-gu Seoul Metropolitan Government.
E. The defendant owned Q, R, 2nd S, and T of the first floor among the instant condominiums, and thereby, 30.6/345.6 shares in the instant aggregate building 30.2/345.6