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1. The appeal against the Defendant (Counterclaim Plaintiff) and the change in exchange for the main claim in the trial.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
With respect to the ownership of land 1,041 square meters in Gyeonggi-do, Kimpo-gun, Gyeonggi-do, the registration of ownership transfer in the name of N on March 12, 1991 was completed on March 22, 1991. On April 27, 1998, Plaintiff B, who is N's spouse, succeeded to the 3/7 shares of Plaintiff B, who is N's spouse, and Plaintiff C, who is N's children, succeeded to 2/7 shares in each of the said shares, and the registration of ownership transfer was completed as a result of inheritance according to the said shares. The above land became an administrative district change and 873 square meters in Jan-si, Kimpo-si, Kimpo-si.
(hereinafter referred to as “J land.” The registration of inheritance was completed in the name of Plaintiff B, C, and D due to the death of Plaintiff B, C, and D, and the above land was divided into 87 square meters of L forest land (hereinafter “L land”) and the above land became a 834 square meters of land in Kimpo-si, Kimpo-gun (hereinafter “K land”) due to the administrative district name and land category change.
The registration of ownership transfer in the Plaintiff’s name was made on March 17, 1986 on March 15, 1986 with respect to the 88 square meters prior to Kimpo-gun, Gyeonggi-do, Kimpo-gun, on the ground of the sale on March 15, 1986, and after the change of land category and division, it became 213 square meters in Kimpo-si (hereinafter “I land”).
The construction of X’s new housing and the Defendants’ colon V of the Defendants’ inheritance had resided on the land and on the land other than the I’s land before partitioning. Around April 9, 1988, X has destroyed the said housing and constructed a 1st floor, 7st square meters per annum, 1st floor, and 83.5 square meters per annum and per annum on the I’s land (hereinafter “the instant building”), and used I, J, K, and L for the said building and its appurtenant site. On June 1, 1992, the instant building was registered as the owner on the general building ledger on its own name on July 22, 2004.
X died on August 13, 2015 during the instant lawsuit, and succeeded to its property by G, Defendant E, F, and H, and the said G was finally dead on May 1, 2017.