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1. The part against Defendant B in the judgment of the first instance shall be revoked;
Defendant B is on the Plaintiff’s 294 square meters in Northern-gu, Northern-gu.
Reasons
1. Basic facts
A. On July 29, 1964, the registration of ownership transfer was completed on September 4, 1961 on the ground of the reversion of rights in the north-gu Seoul metropolitan area (hereinafter “instant land”) on the ground that the ownership transfer was completed on July 29, 1964.
B. On April 2, 1980, Defendant B completed the registration of preservation of ownership as to the mentmen block block and apap 25 square meters on the instant land (hereinafter “instant housing”). As to the instant housing, Nonparty B, who is the father of the Plaintiff, completed the registration of preservation of ownership as to the instant housing on August 20, 1983 by Nonparty D, who is the father of the Plaintiff.
5. On April 3, 2006, the Plaintiff completed the registration of ownership transfer based on the successful bid. On March 20, 2004, the Plaintiff completed the registration of ownership transfer based on the inheritance by consultation and division.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. At the time of the 1979, Defendant Port Co., Ltd., which was Young-gun, had the Defendant, if you were to supply the land directly on the land, G, H, I, J, K, L, M, N (O) and the land of this case and on the land of 12 lots, such as P, which was the private land purchased at the time of the 1979, which was the Young-gun, the land owned by the Defendant, and the land of this case, and the land of this case and the land of this case (hereinafter “the land of this case 12 lots”), and sold the land and the housing to the residents, and had the residents pay the money by borrowing the policy funds from Song National Agricultural Cooperative.
B. At the time, the registration of ownership transfer was completed on November 19, 1979 on the site of the relevant house, except for Defendant B, among the 12 residents who purchased the newly-built house on the ground of the above 12 parcels.
C. On August 7, 1979, Defendant B, like other residents, purchased the instant land and housing together from Defendant Port Co., Ltd., and paid KRW 3,760,000 in the house installments from Song National Agricultural Cooperative on the same day. On April 2, 1980, Defendant B paid the instant housing in the name of Defendant B.