1. The part of the lawsuit filed by the plaintiff succeeding intervenor for confirmation of ownership shall be dismissed.

2. The principal lawsuit and counterclaim of the judgment of the court of first instance.

1. Facts of recognition;

A. As to the land of this case (hereinafter “the land of this case”), F succeeded to the ownership on December 27, 1937, and G on July 1, 1990. A received the registration of ownership transfer from the above G on July 4, 1996.

B. Of the instant land, the part 36 square meters indicated in the attached Form 3 among the instant land and the part 145 square meters adjacent to the 36 square meters adjacent to the 145 square meters (hereinafter “I site”) are located on the wall structure slock slock roof (area 70 square meters) owned by the Defendant.

The defendant's spouse J purchased the I's land on March 1, 1989 and completed the registration of ownership transfer on October 27, 1992, and thereafter the ownership was transferred to the defendant on December 20, 2004 due to the gift.

C. On June 19, 2018, after the filing of the instant principal lawsuit, on the instant land, the registration of provisional disposition was completed following the decision of provisional disposition prohibiting disposal (No. 2018Kadan334, Jun. 19, 2018) in order to preserve the right to claim ownership transfer registration due to the completion of prescription upon the Defendant’s application.

However, despite the provisional disposition prohibiting disposal as above, A sold 1/2 shares of the land of this case to the Plaintiff’s succeeding intervenor on February 18, 2019, and completed the registration of transfer of ownership (shares) based on sale as of February 12, 2019, and on August 8, 2019, A completed the registration of transfer to the Plaintiff’s succeeding intervenor on the ground of donation as of July 26, 2019 with respect to the remainder of 1/2 shares of the land of this case as of July 26, 2019.

E. A appealed the judgment of the first instance on December 20, 2018, and died on October 16, 2019. The deceased’s heir of the network A took over the instant legal proceedings, but R and S took over the instant legal proceedings, as R and S took over on January 13, 2020 under the judgment of renunciation of inheritance, the next-order heir, who was the mother of the deceased’s mother, followed R and S’s taking over the instant legal proceedings.

[Ground of recognition] Unsatisfy, Gap 1 to 4, .