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1. The part against Defendant H among the judgment of the first instance is revoked.
2. Defendant H is the Plaintiff of Nam-gu, Gwangju M.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer with respect to the portion on June 22, 1989, and N completed the registration of ownership transfer with respect to the portion on September 19, 1992 with respect to the portion on September 19, 1992.
The three-dimensional lot number of the above mentioned above was occupied by negligence in the new construction process of AB, a neighboring land, as the ownership of non-N one person.
Accordingly, under the buyer N and buyer X, the 1/2 3th of the N to X is sold to X, and this contract is concluded in some circumstances at the time of transfer of ownership.
B. On June 1, 2001, X entered into a sales contract with Y on behalf of N, which purchases three square meters of the forest land of this case, and the sales contract is entered into with a special agreement stating the following:
C. After that, on December 7, 2001, the Plaintiff completed a share transfer registration on December 3, 2001 with respect to one half N-half of the instant forest land. D.
Defendant C entered into a sales contract with X on November 23, 2012 to purchase housing of 33 square meters in Nam-gu, Gwangju and 2-story on its ground, and completed the registration of ownership transfer on December 28, 2012.
E. On November 27, 2000, Defendant H received from AA a donation of housing of 109 square meters and its ground and completed the registration of ownership transfer.
F. The part of the fence of the instant housing owned by Defendant C was constructed on the ground of 14 square meters in the part on the part of “Ah” (hereinafter “Ah”) connected with the instant forest, in sequence with drawings 17, 35, 36, 15, 16, and 17, among the instant forest, and the part on the wall of the instant housing, which is the Defendant H owned, is constructed on the ground of the said part on the ground of 12 square meters in the part of “Ah” (hereinafter “self-owned land”) connected with each point of 36,37, 38, 13, 14, 15, and 36, among the instant forest and fields.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-4, 5, 10, 11-1, 8-1, Eul evidence 1-1, 1-3 and images, and the result of the appraisal commission to the vice governor of the Korea Land Information Corporation for Gwangju.