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1. The part against Defendant C among the judgment of the first instance is revoked.
2. Defendant C shall provide the Plaintiff with the real estate indicated in the attached Form 4.3.
Reasons
1. Determination as to the claim against the defendant B and the designated parties
A. (1) Judgment as to the primary claim of the Plaintiff’s assertion 1) Real estate stated in the separate sheet of the Plaintiff’s assertion (hereinafter “instant road”).
) The land category of I, the original owner of I, divided the land of I, and created several lots of housing sites, and changed to a road to use it as a road entering each house from the meritorious service. On December 30, 1974, the land category I used the road of this case as an access road, Daegu-gu J. 134.5 square meters (hereinafter “instant site”).
3) The share of April 3/36.7 of the road in this case (hereinafter “instant co-ownership”) is transferred to K.
(2) On March 17, 1984, while transferring the instant land to L, K transferred the instant co-ownership shares. However, L omitted the registration of ownership transfer as to the instant co-ownership shares, and L died thereafter even though L sold the instant land and the instant co-ownership shares to Defendant C. Therefore, Defendant B, Selection, E, F, G, and H, the primary heir of L, are liable to implement the registration procedure for ownership transfer as to the instant co-ownership shares on March 17, 1984. (2) It is insufficient to recognize the fact that Defendant C purchased the instant co-ownership from Defendant C solely on the ground that the Plaintiff was incurred, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s primary claim is without merit.
B. 1) The summary of the Plaintiff’s conjunctive claim is that Defendant C and the Plaintiff continued to possess and use the instant road since March 17, 1984 with the owner of a house adjacent thereto. As such, Defendant C, the heir of L, Defendant D, E, F, G, and H, the Plaintiff, from January 1, 1987 (from March 17, 1984, on the ground that there was no change in the owner of the instant co-ownership after March 17, 1984, the Plaintiff arbitrarily designated the starting point for calculating the period of acquisition on January 1, 2007.