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1. This Court revokes the decision to grant permission for the succession of litigation to D, E, F, G, and H, and the Plaintiff’s decision to grant permission for the succession of litigation to D, E, F, G, and H.
Reasons
1. Basic facts
A. On November 28, 1968, Defendant deceased B (hereinafter “the deceased”) completed the registration of ownership transfer on the ground of sale and purchase on November 5, 1968 with respect to I 156 square meters ( approximately 516 square meters, = 156 square meters x 3.305785 square meters / square meters hereinafter “instant land”).
B. On December 12, 1998, the Plaintiff completed the registration of ownership transfer on the ground of sale on November 15, 1998 with respect to the 88.89 square meters of land adjacent to the instant land (hereinafter “the instant adjacent land”) and the block structure 88.89 square meters of land adjacent to the instant land (hereinafter “the instant housing”). The Plaintiff’s registration of ownership transfer on March 8, 1973, on the ground of the registration of ownership transfer on the sale and purchase of the instant housing and the date of the instant registration from the date of the construction of the instant housing to the date of the Plaintiff’s acquisition, on March 195, 198, on the ground of the registration of ownership transfer transfer on the sale and purchase on July 10, 197, the date of the instant registration of ownership transfer on August 19, 197, the Plaintiff’s registration of ownership transfer on the 198.
C. Meanwhile, part of the fence, exterior wall, and gate part of the instant house, among the instant land, intrudes on the part (B) part (B) of the instant land, which connects each point of which is 2,3,4,5,6,27,26,25,24, 23, 22, 21, 20, 19, 18, and 28 square meters in sequence, among the instant land. D.
The Deceased died on December 18, 2017, while the instant lawsuit was pending, and his heir was the deceased C (hereinafter “Defendant C”) who is the spouse, and the Plaintiff, who is the child, was the claimant.
However, on March 7, 2018, Defendant C succeeds to the instant land by consultation and division.