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1. The judgment of the court of first instance is modified as follows.
The plaintiffs shall be attached to attached Form 403 square meters among H 403 square meters in Sejong Special Self-Governing City.
Reasons
1. Facts of recognition;
A. I purchase the instant land on or around July 15, 1971 and the same year.
8.4. Completion of the registration of ownership transfer on the instant land.
I purchased a house listed in Section 1-A of the Disposition No. 1 of the state of not being registered on the instant land (hereinafter “instant house”) and resided in the instant house, together with R, the spouse of R, J (Nam) and the Defendants.
And on December 1978, I and R jointly built the instant commercial building on the land of this case.
This case's commercial building and housing are unregistered until now.
B. I died on June 8, 1982.
I and R set up under their chain J, Ko-nam, Defendant D, his father-nam, Defendant C (I, 17 February 17, 1971), Defendant E (Adoption to S on December 9, 1974), Defendant F, and Defendant G.
Therefore, the wife, 6/26 shares, 6/26 shares, 6/26 shares, 4/26 shares in Defendant D, F, G 4/26 shares, and 1/26 shares in Defendant C and E, each of whom is a father and wife, respectively.
C. On April 12, 1985, after I died, the registration of ownership transfer was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”) on February 5, 1974 under the J’s name on the instant land.
On October 11, 2010, J completed the registration of creation of a neighboring mortgage on the ground of a contract signed on September 13, 2010, with the maximum debt amount of KRW 400,000,000, debtor J and mortgagee K Co., Ltd. (hereinafter “K”).
K filed an application for voluntary auction of the instant land on January 26, 201, and K was sold on September 1, 201 at the auction procedure conducted thereafter.
E. Since then, regarding the instant land, the maximum debt amount of KRW 210,000,00,000, the debtor M/mortgager N/O was completed on April 2, 2012, and the establishment registration of a mortgage consisting of N/O on the instant land. As to the instant land on September 17, 2013, N/O as the mortgagee.