1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. 사실관계 [인정근거] 갑 1, 5, 10호증, 을 1∽4호증의 각 기재, 변론 전체의 취지 피고는 1981. 내지 1983.경 사이에 시흥시 D 임야 10,314㎡(이하 ‘분할 전 D 토지’) 지상에 별지 도면 선내 “가” 부분 양철조(창고), 선내 “나” 부분 시멘트블럭조(주택)(이하 통틀어 ‘이 사건 건물’)를 신축하였고, 1983. 4. 1. 분할 전 D에 전입신고를 마쳤다

On October 28, 1981, the transfer registration of ownership in the name of the plaintiff was completed on February 12, 1992 with respect to the share of 3636/10314 out of D land registered under F prior to the split-off.

On June 26, 1996, with respect to F's remaining shares in D before subdivision, 2479/10314 shares in G's name and F's remaining shares in D's name on September 24, 1996, the ownership transfer registration for the Defendant's name was completed on September 24, 1996.

(Then, the registration of transfer in the name of a third party is deemed to have been made with respect to the share of 1150/10314 out of the Defendant’s share. According to the co-owned property partition agreement (the cause of registration is divided on June 4, 1997), the co-owners of D land prior to the partition, the Plaintiff, the Defendant, and the G, etc. are subdivided into D forest and 3,636 square meters (hereinafter “D land after the partition”), H forest and 1,150 square meters, C forest and 5,528 square meters (hereinafter “instant land”), and each registration of transfer is completed with respect to D land solely owned by the Plaintiff after the division on June 5, 1997, and with respect to the instant land as co-ownership between the Defendant (3049/5528 shares) and G (2479/528 shares).

The registration of transfer of shares in the plaintiff's name was completed on August 8, 2008 on the ground of partial donation on October 26, 2003 as to the part of the defendant's 1983.48/5528 shares among the land in the case.

Of the instant land, G 2479/5528 shares in G was completed on July 9, 2004 due to the donation through I, J, K, etc.

2. The Parties.