beta
Text
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff (appointed party) with respect to the above revoked part.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7, 13, and Eul evidence 1, 2, 5, and 9:
L owned KJ 1107 L and died on April 8, 1966 and succeeded to Q, R, M, S, T and U, who is the P and children of P and children of the above K land.
B. Around May 1975, M entered into a contract to sell 100 square meters of the above K’s land (hereinafter “the instant land”) between N and N, and N had the initial house on the instant land prior to the purchase of the instant land, and received all the sales proceeds under the above sales contract on two occasions on May 12, 1975 and December 23, 1975.
C. N removed the existing grassland that existed on the land of this case, and newly constructed cement block structure and extract appraisal house 1 and 16 square meters of dried house (hereinafter “the instant house”). On November 11, 1975, N completed the registration of initial ownership on the said machine and house on the ground of the said K land, even though the said house and house were newly built on the ground of the said K land, the registration of initial ownership was completed as if the said house and house were located on the NA’s land adjacent to the said K land.
M et al., the heir of L, et al. completed the registration of transfer of ownership in the name of all the inheritors with respect to the above K land, and divided the above K land into three parcels, including the land of Jung-Eup and Jung-Eup, and eight parcels on April 3, 197, respectively, on April 18, 197, and completed each registration of transfer of ownership on April 18, 197.
E. N died on February 24, 1978, and the Plaintiff succeeded to the 3/10 shares, Appointers D, E, F, G, and H, each of 1/10 shares, and the net N’s shares in the ratio of 2/10 shares.
F. The Defendant surveyed the area of land occupied by the Plaintiff and the designated parties through the Korea Land Survey Corporation on November 20, 1991, and the Plaintiff and the Plaintiff.