Text
1. The plaintiff's claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Each land listed in the separate sheet No. 1 (hereinafter referred to as “each land of this case”, and according to the sequence No. 1, hereinafter referred to as “No. 2804”) was owned by E in order that it was net-si D 2,804 square meters (hereinafter referred to as “the land before the instant subdivision”). The land before the instant subdivision was divided in sequence as indicated in the separate sheet No. 3.
나. E는 1946. 3. 8.경 소외 F에게 이 사건 분할 전 토지 중 별지2 도면 표시 ㅈ², ㅇ², ㅅ², ㅂ², ㅁ², ㄹ², ㄷ², ㄴ², ㄱ², ㅌ³, ㅍ³, ㄴ⁴의 각 점을 이은 선분의 오른쪽 부분 토지 약 1,626평을 매도하였다.
다. E는 그 무렵 소외 G과 H에게 이 사건 분할 전 토지 중 F에게 매도하고 남은 나머지 토지인 별지2 도면 표시 ㅈ², ㅇ², ㅅ², ㅂ², ㅁ², ㄹ², ㄷ², ㄴ², ㄱ², ㅌ³, ㅍ³, ㄴ⁴의 각 점을 이은 선분의 왼쪽 부분 토지 약 1,164평을 매도하였다. 라.
F around August 9, 1963, without undergoing a separate procedure for land division for the land before the instant partition, F completed the registration of ownership transfer in its own name according to the ratio of approximately 1,626 square meters of land on the right part of the land before the instant partition purchased by oneself for convenience to approximately 1,626 square meters of total area 2,804 square meters.
E. On January 7, 1973, Nonparty I, the Plaintiff’s partner, purchased and possessed 630 square meters of the land on the left part of the land on the instant land before the subdivision from J via G, and 534 square meters of the land on the left part of the instant land before the subdivision from K via H on November 20, 1973, respectively, and the said land includes each of the instant land.
F. On December 31, 1974, the Defendant purchased the above right part of the land prior to the instant subdivision via F and L, but without following a separate land division procedure around January 15, 1975, the Defendant purchased the above right part of the land prior to the instant subdivision, in proportion to the area of the land purchased by himself, among the land prior to the instant subdivision, 1,626/2,804.