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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Defendant is the owner of the Jongno-gu Seoul Metropolitan Government D-175.2 square meters (hereinafter “D land”) and the building on its ground, and the Plaintiff is the owner of C-5.6 square meters adjacent to D land (the sum of 3.1 square meters in part and 2.5 square meters in part; hereinafter “instant land”).
(b) The land is divided from the land E, and the details of the division and the process of ownership change of the land is as follows, and the location of each divided land is as shown in the results of the cadastral status survey in the annexed sheet.
1) On June 30, 1953, E, F, and G land was partitioned into E, D, H, and I land again on June 14, 1958, and the ownership of E land divided into E, D, H, and I land was transferred to J on December 30, 1967, and was transferred to K on July 23, 197 (hereinafter “the deceased”).
3) On December 24, 1974, the Deceased divided E’s land into E’s land and this case’s land, and the category of the instant land was changed to the road. 4) The Deceased donated E’s divided land and N’s land to D on January 24, 1996, and completed the registration of ownership transfer under L’s name on February 1, 1996.
5) On March 13, 1997, the Plaintiff, a decedent, acquired the ownership of F land 1/3 shares, including the instant land due to inheritance due to a division by consultation on March 13, 1997. However, on September 5, 1997, the registration of ownership transfer was completed with respect to F land 1/3 shares, but the instant land was omitted from the entry in the register, and on July 28, 2015, the registration of land category change, and the registration of ownership transfer with respect to the Plaintiff’s name was completed simultaneously. (C) The process of the division of D land and the process of the ownership change with respect to the building on the said ground are as follows, and the location of each divided land is the same as the outcome of the cadastral status survey in the attached Form 1) on June 14, 1958.