1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. As to the land of Pyeongtaek-si B large 694 square meters (hereinafter “instant land”), C large 608 square meters, and D large 694 square meters (hereinafter “each of the instant three lots”), the Defendant completed the registration of inheritance by consultation and division with respect to the share of 210/604 square meters on November 7, 1997, and E completed the registration of ownership transfer on the ground of sale on June 16, 2003. On October 31, 2006, F completed the registration of ownership transfer on the ground of sale with respect to the share of 210/604 square meters, by being awarded a successful bid of 184/604 shares among them, and completed the registration of ownership transfer on November 29, 206.

B. In the auction procedure, the Plaintiff awarded a successful bid for each of the instant shares on July 14, 2009, and paid in full the sale price.

C. F, E, and the Defendant did not reach an agreement on the method of partition of each of the instant lands, and F filed a lawsuit against the Defendant and E to divide a co-owned property (U.S. District Court Decision 2008Gadan8381), and the Plaintiff participated as the assignee of E during the proceeding of the said lawsuit.

On October 18, 2012, the appellate court rendered a judgment on October 18, 2012 that “C large 608 square meters shall own F, the instant land shall be owned by the Defendant, and D large 694 square meters shall be divided into the Plaintiff’s ownership,” and the said appellate judgment became final and conclusive on December 6, 2012.

According to the above judgment, on April 18, 2013, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property on December 6, 2012 on the whole share of the instant land to the Defendant.

E. Before the Plaintiff acquired shares in each of the instant land, the Defendant had occupied the instant land while living together with his family by constructing a building on the ground of the instant land.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 3, 5, 10 through 12, 14 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. Determination on the cause of the claim 1.