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1.The judgment of the first instance shall be modified as follows:
The defendant shall provide the plaintiff with the real estate listed in the attached Tables 1 and 2.
Reasons
1. The reasoning for this Court’s explanation concerning this part of the facts is as stated in the pertinent part of the reasoning of the judgment of the first instance, except for the addition of the following in five (5) pages, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“3) The Plaintiff removed and delivered to the Defendant concrete packaging of the part (B) of the road that was installed in excess of each of the instant real estate in the 2 survey (the Plaintiff’s assertion that it was, according to the Plaintiff’s assertion, the part (A) in the ship connected in sequence 1, 6, A, B, and 1 of the attached drawing Nos. 3 among the instant real estate 1, and the part (B) of the attached drawing Nos. 1, B, C,7, and 2 of the instant real estate, which was connected in sequence 1, B, 7, and
2. The parties' assertion
A. Four shapes, including the Plaintiff and the Defendant, agreed to divide the inherited land around September 20, 1996 and divided into four parts.
On June 23, 197, the Plaintiff surveyed and divided the land of the first and fifth parcels of land around Jun. 23, 1997, and completed a boundary restoration survey to build the building of the instant case, and completed the construction permit and completed the construction of the instant building upon obtaining the construction permit, the Plaintiff opened the access route to each of the instant real estate and affixed concrete packaging.
After the decision to recommend reconciliation of this case, the Plaintiff removed concrete packaging of 33 square meters in the ship (B) and part (27 square meters) of the attached drawing No. 3 among the real estate No. 1, 6, A, B, and 1, connected in order of each of the items indicated in the attached drawing No. 3 among the real estate No. 1, 6, A, B, and 1, and the real estate No. 2 of this case. However, since the boundary of each of the real estate of this case and the adjoining real estate at the time of the decision to recommend reconciliation of this case was determined as the first road to be installed, the Defendant removed the fence of this case installed on each of the real estate of this case, and the real estate of this case, including the removal of concrete packaging as described in the purport of the claim, among the real estate of this case