1. Revocation of a judgment of the first instance;

2. The defendant shall share 3/11 of the amount of 89 square meters in Dongdaemun-gu Seoul Metropolitan Government F 89 square meters to the plaintiff A.

1. Basic facts

A. The Seoul Special Metropolitan City completed the registration of transfer of ownership on March 13, 1956 on the land of this case on October 14, 1955.

B. In around 1955, Seoul Metropolitan Government: (a) created the instant land in Dongdaemun-gu Seoul Metropolitan Government as a housing site for the construction of housing complex; and (b) constructed approximately KRW 204 H housing with approximately 204 households.

In the process, other H houses and their structure and size were newly built on the instant land, and the H houses of the second floor with the same structure and size were newly built on May 9, 1961 in the name of Seoul Special Metropolitan City.

C. Upon the enforcement of the Local Autonomy Act on May 1, 198, the Defendant, who had jurisdiction over the instant land area, succeeded to the ownership of the instant land from Seoul Special Metropolitan City, and completed the registration of ownership transfer under the name of the Defendant on July 27, 198.

However, the ownership of the instant housing still remains in Seoul Special Metropolitan City.

On the other hand, the J died on June 22, 1994 and jointly inherited the assets of the Plaintiff B, C, D, and E, who are their wife, to the Plaintiff A and their children.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3-1, 2, Eul evidence 1-1, 2, Eul evidence 4, Eul evidence 6, and the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. Even if the ownership transfer registration under the name of a third party is made for the real estate between the time the acquisition by possession of the real estate is completed and the acquisition by prescription is completed, if the original possessor continues to occupy the real estate and the owner's change is the starting point for the change, even if the period of possession has passed again as the starting point for the change, the possessor may claim the completion of the second acquisition by using the time of change in ownership in the future of the third party as the starting point for the new acquisition by prescription as the starting point for the acquisition by prescription.