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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
The Defendants are listed in Attachment 1 List 2 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff received a decision to permit sale on July 21, 2016, and paid in full the proceeds of sale on August 22, 2016, in the auction case for the partition of co-owned property as to the real estate listed in the separate sheet No. 2 (hereinafter “instant apartment”).
B. The apartment of this case acquired the ownership after completing the registration of ownership transfer on June 26, 1984 by the deceased F, and acquired the ownership by paying in full the proceeds of sale on August 22, 2016 in the auction case for partition of co-owned property in the Seoul Central District Court E-owned District Court, as stated in the preceding paragraph, as the deceased on May 30, 2006 by G (3/11), Defendant B (2/11), H (2/11), Defendant C (6/55), D (4/55 of equity), I (2/11 of equity) were jointly inherited and owned by the above inheritor.
C. However, although the apartment house of this case is located in the land indicated in Section 1 of the attached Table 1, the land listed in Section 1 of the attached Table 1 in the register on the apartment of this case is not registered as the land which is the object of the right to the site, and is registered as the land which is the object of the right to the site of Gangnam-gu Seoul.
The networkF held 50.058/8,768.1 shares among the lands listed in the annexed Table 1 List No. 1, but following the death of the deceased, Defendant B succeeded to the shares of 500.58/482,245.5 shares among the above lands, Defendant C succeeded to the shares of 300.348/482,245.5 shares among the above lands, and D succeeds to the shares of 200.232/482,245.5 shares among the above lands.
E. The deceased F owned 1.736/304 shares of the land listed in [Attachment 1] List 2, and following the deceased’s death, Defendant B succeeded to 17.36/16,720 shares of the above land, Defendant C’s shares of 10.416/16,720 shares of the above land, and D’s shares of 6.94/16,720 shares of the above land.
F. Following D’s death on December 3, 2017, after the instant lawsuit was filed, Defendant C independently succeeded to D’s property.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 7, 8, 19, 20, and the purport of the whole pleadings
2. The plaintiff's assertion.