1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. G, E, and H acquired 437 square meters in common on June 18, 1983, and constructed the building on the said site with a building permit on July 8, 1983, and obtained approval for use on January 14, 1984. On January 23, 1990, the said site was divided into B large 430 square meters (hereinafter “the site before the instant merger”) and I large 7 square meters.

B. On November 7, 1984, the site prior to the instant merger and the instant Gu building were acquired by J on November 8, 1990, and the Plaintiff acquired on June 8, 1990. The Plaintiff was merged into each of the instant site prior to the instant merger on February 6, 2015 and February 10, 2015 with the size of 21 square meters and 4 square meters in Seongbuk-gu Seoul, Seoul, which was acquired by the Plaintiff on the same day.

Accordingly, on February 10, 2015, the site prior to the instant merger became the Seongbuk-gu Seoul Metropolitan Government B large 455 square meters (hereinafter “instant site”).

C. Meanwhile, upon obtaining a building permit on May 2, 2014, the Plaintiff newly built the first and seventh underground floors on the instant site (hereinafter “instant building”) and obtained approval for use on February 16, 2015.

이 사건 대지는 △ 모양으로 왼쪽(서쪽) ‘↗’ 부분은 국가 소유의 서울 성북구 L 도로 780㎡(이하 ‘L 도로’라 한다)와 접하고 있고 오른쪽(동쪽) ‘↖’ 부분은 피고 소유의 서울 성북구 M 도로 5,015.6㎡(이하 ‘M 도로’라 한다)와 접하고 있다

M Road was formed as a road according to the implementation of the N Redevelopment Cooperative's redevelopment project, and around August 29, 2003, the division adjustment was completed, and on September 8, 2003, registration of ownership preservation was completed in the name of the defendant.

E. At present, appraisal of the instant land in sequence 1, 2, 3, 4, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 12, 13, 14, 15, 16, 16, and 64 square meters of “1” portion of “1” (hereinafter “instant land”) among the instant land, are installed separate from the site of the instant building, in order to connect each point of the attached Table 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.