1. The request for intervention of an independent party intervenor raised in the trial shall be rejected;

2. The defendant's appeal is dismissed.

3...

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on March 29, 1986 with respect to B 374 square meters (hereinafter “B”) prior to Namyang-si, Namyang-si, and completed the registration of ownership transfer on October 13, 200 with respect to C 4 square meters (hereinafter “C land”).

B. In around 2012, the Defendant: (a) included the portion of 109 square meters in the attached Form 3, 13, 12, 11, 5, 4, and 3 in the B’s land; (b) attached Form 5, 11, 10, 9, 8, and 5 in sequence among the land C; and (c) included the portion of 40 square meters in the c (hereinafter referred to as “1”; and (c) included the land in the North Korean bicycle road, and provided the road packaging and painting construction on December 31, 2012; and (c) provided the land to the general public for possession and management as a bicycle lane.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 through 4, the result of field inspection by the court of first instance, the result of survey and appraisal by the first instance appraiser D, the purport of whole pleadings

2. Determination on the legitimacy of the request for intervention by an independent party

A. The defendant's main defense is the so-called "participation in the right" under the former part of Article 79 (1) of the Civil Procedure Act, and the plaintiff's main claim and the plaintiff's independent party's claim are compatible with each other, so the plaintiff's application for intervention is illegal as it does not meet legitimate grounds for intervention, and the defendant's claim for confirmation of the existence of the defendant's obligation against the plaintiff in the plaintiff's application for intervention is unlawful as it does not

B. In order for an independent party intervenor to participate in a claim for ownership transfer registration under the former part of Article 79(1) of the Civil Procedure Act among the intervention of an independent party among the intervenor's motion for intervention, the independent party intervenor must first make a claim that is incompatible with the plaintiff's principal claim against both parties to the lawsuit intended to participate or both parties to the lawsuit, and the claim shall be asserted in addition to the benefit of the lawsuit.