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1. The part against the defendant in the judgment of the first instance is revoked.
The defendant is 1/8.00 square meters of 4,684 square meters prior to the Yangju-si to the plaintiff.
Reasons
1. Basic facts
A. The land of this case was 4,684 square meters prior to the Yangju-si (hereinafter “instant land”). AM was the land in 1913. On May 7, 1953, around January 1, 1947, the restoration registration was completed with the co-ownership of the co-defendant AK in the first instance trial and the co-defendant AK in the first instance trial. The land of this case was restored on July 1, 1968.
B. A Q died on March 18, 1957, and AV, a head of Q, died on October 20, 1959, and succeeded to A Q Q shares in the land of this case by AW, a South-Nam. AW died on July 1, 1993, and the Defendant, a father of AW, succeeded to A Q shares in the land of this case.
C. Of the instant land, AP shares were sold by compulsory auction on October 24, 201, and the ownership was transferred to AX ( regardless of whether it was before or after the change of name AY, hereinafter referred to as “AY”), but on May 29, 201, the co-defendant C purchased the shares of the instant land from AY and completed the registration of transfer of ownership transfer as of June 5, 2012, as of the 1/8 shares out of the instant land, pursuant to Article 52830 of the Government Registry of the District Court’s District Court’s receipt on June 5, 2012.
NN died on October 15, 1969, and the inheritor has the co-defendant of the first instance trial, who is the wife and his children, T, U, V, W, X and AZ.
E. AO died on September 20, 1970, and its heir Y and BB were co-defendants of the first instance court, and the heir of BA (BA died on June 1, 2005) were co-defendants AA, AB, AC, and AD of the first instance court, the wife of BB, and the heir of BB (BB died on June 15, 1979) were co-defendants A, AE, and AF of the first instance court.
F. AR died on May 12, 1967, and the heir died on May 12, 1967, and there is a co-defendant AG, AH, AI, C, and AJ, who is the wife and children. BD died on March 6, 2003.
G. The AU died on October 29, 197, and the heir of BF and its children were co-defendant I, N,O, Q, R, and BF died on October 18, 1998.