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The part of the judgment of the court of first instance against the defendant (Appointed Party), the Appointor AT, AU, AV, AW, and AX shall be revoked.
Reasons
1. Basic facts
A. At present, co-ownership is registered as shown in the annexed Form 3 with respect to the instant land, and the Plaintiff acquired 4,950/95,000 shares of the instant land from AY on September 27, 1989, and on April 3, 2007, acquired 4,950/95,00 shares of the instant land from AZ on April 3, 2007.
The Plaintiff currently occupies the occupied part of the instant land.
B. On June 18, 2010, among the registered titleholders of the instant land, the Defendant AI and AH inherited each one-half of their respective shares of the property as their children.
[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1, result of a request for measurement and appraisal to the Daejeon East Vice Governor of the Korea Land Information Corporation by the court of first instance, the purport of whole pleadings]
2. Determination as to Defendant I’s claim and the remainder Defendants’ primary claim
A. The Plaintiff’s assertion states, including the instant land, specified the location and size of the land owned by the State in the Dong-gu Daejeon District Agu Q Day (hereinafter “previous land”) located in the Republic of Korea at the time of the Korean War, and distributed the land to the residents. However, instead of completing the registration of ownership transfer on the land division and divided land, the State completed the registration of ownership transfer on the share of the entire land. The said registration of ownership transfer was completed for the next transferee.
Of the instant land, the part of the possession of the instant land is specifically divided by the Plaintiff, and the Plaintiff, the Defendants, and the designated parties are in a mutual title trust relationship with respect to the possession of the instant land, and the Plaintiff terminated mutual title trust by serving a duplicate of the application form for modification of the purport of the instant claim on March 19, 2019.
Therefore, the Defendants and the designated parties are final and conclusive with respect to each of the pertinent shares in the instant land possessed by the Plaintiff as stated in the separate sheet 2.