beta
Text
1. Revocation of the first instance judgment.
2. All plaintiffs' lawsuits are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
1. Basic facts
A. The building register is not prepared for the building of 16.53 square meters on the 1st floor E in Ulsan-gu, Ulsan-gu (hereinafter “the building on the register”). The current status of the owner of the above building register is indicated as “name F, Name F, Name E, Change Causes E, Change Causes Registration, and Change Date”.
B. Meanwhile, the building (hereinafter “instant building”) exists on the ground of the area of 83 square meters (the area was 175 square meters prior to the division, but the area was decreased by dividing a part of L on May 10, 1999; hereinafter “instant land”) of Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do. However, there is only one building, and approximately 29.29 square meters, which is part of the building, is used as a restaurant, and part of the remaining building is not being used.
C. The instant land was owned by G around 1966, but thereafter, H and net K (it is written in the closed copy of the register, but this is written in K’s clerical error; hereinafter “the deceased”) acquired each of the shares of the instant land on the ground of successful bid. The deceased’s shares were transferred to J, and transferred to the deceased on August 26, 1988 for sale again.
Since Ulsan-si acquired the instant land from H and the Deceased to use it as a road, and became a sole owner after completing the registration of transfer of shares of 1/2 shares in the name of H and the Deceased on the ground of the acquisition on April 10, 1989, No. 514, 515, which was received on June 2, 1989, as to the instant land, on April 11, 1989.
E. On June 18, 2011, the Deceased died, and the Plaintiffs inherited the deceased’s property according to the shares in the inheritance shares of each Plaintiff in attached Form.
F. Meanwhile, on August 12, 2013, the Plaintiffs filed a lawsuit seeking confirmation of ownership against the heir of the said “F” as the Ulsan District Court Decision 2013Ma2311 Decided August 12, 2013, but not only the said “F” but also its heir.