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1. The plaintiff's main claim is dismissed.
2. The defendant shall share the real estate stated in attached Table 3 to the plaintiff.
Reasons
1. Basic facts
A. On September 6, 1990, the Plaintiff entered into a real estate sales contract (hereinafter “instant real estate sales contract”) with the Defendant to purchase each real estate listed in the [Attachment List 1 and 2] owned by the Defendant (hereinafter “instant land and housing”) and completed each registration of ownership transfer as of October 11, 1990 with the Daejeon District Court Daejeon District Court No. 70964.
B. Meanwhile, the real estate listed in paragraph (3) of the attached list (hereinafter “road of this case”) is the only passage connected to the land of this case and the housing of this case to the Jung-gu C road, Daejeon. The defendant purchased 1.45% of the total amount of 11.8% around August 9, 1979 and completed the registration of transfer of shares as of August 9, 1979 by Daejeon District Court Daejeon District Court's registration office No. 52401, which received on August 9, 1979, and is currently registered as co-owner D, E, and F as co-owner.
C. After completing the registration of ownership transfer on the instant land and housing, the Plaintiff occupied and used the instant road as a passage from that time to that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply), Gap evidence Nos. 7-2, 4, Gap evidence Nos. 8-1, 2-2, and the purport of the whole pleadings
2. Although the plaintiff should have purchased the shares of the defendant with respect to the instant road, which is a passage leading to the contribution when he purchases the instant land and the instant house from the defendant, the plaintiff asserts that, at the time of concluding a real estate sales contract with the defendant, the defendant omitted the ownership transfer registration procedure with respect to the instant share, the defendant is liable to the plaintiff.
The elements and images of Gap's evidence 1 through 6, Gap's evidence 7-1, 3, and Gap's evidence 8-1 and 8-2 are merely omitted from the sale object at the time of conclusion of the instant real estate sales contract.