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1. Of 2,052 square meters in 2,3,4,5,5,6,7,7,8,9,10,12,13,14,21,20,20,20,20,20,000 square meters in attached Form 2,052, Sinnam-gun, Gyeongnam-gun
Reasons
1. Facts of recognition;
A. On November 28, 1993, Defendant B, who was the owner of 466 square meters prior to Sinnam-gun E (hereinafter “second real estate”) agreed to exchange 68 square meters among the second real estate and the first real estate with F, the heir of the first real estate, and to pay the remainder of 1,825,000 square meters to Defendant B.
B. According to the above agreement, on July 9, 1994, F completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502). Defendant B completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) on August 31, 1994 with respect to shares of 225/2052 out of the real estate
C. Of the immovable property 1, the ownership transfer registration was completed on August 2, 2013 by the Plaintiff through G following the completion of the ownership transfer registration under F’s name. D. The ownership transfer registration was completed on August 2, 2013 due to the sale by voluntary auction.
Defendant B used the portion of 225 square meters in part on the ship connected to each point of 1, 2, 19, 20, 21, 14, 15, 16, 17, 18, and 1 of the attached appraisal map (2) among the real estate 1 as a passage to and from H land in the Gyeong-gun, where his parents’ graves are installed, for the purpose of coming to and departing from the Gyeong-gun, where his parents’ graves are installed. Defendant C cultivated landscape trees, among the real estate 1, by using the portion on the ground, 920 square meters in part on the ground, which connects each point of 7, 8, 9, 10, 11, 12, 13, 14, 15, 24, 23, 22, 20, 20, and 7.
E. Until the closing date of the instant argument, division consultation on the first real estate between the Plaintiff and the Defendant B was not reached.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1 and 2 (if there is a spot number, including a spot number; hereinafter the same shall apply), Eul evidence 1 and 2, Eul's entries and images, the result of each request for surveying and appraisal to the Korea Land Information Corporation in this Court, the purport of the whole pleadings
2. Claim against the Defendant B