Text
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. 1) The Defendant indicated the site of the instant building only as the parcel number, since all of the land mentioned in the Do-dong, Hanam-gun, Hanam-gun, Gyeongnam-gun, Do-dong (hereinafter referred to as the “instant building site”) before being divided on January 14, 2003, is located in N, Gyeong-dong, Gyeong-dong,
2) The instant building site is collectively referred to as “instant three lots of land” in which D 62 square meters and E 49 square meters (hereinafter referred to as “instant three lots of land”).
(2) On January 14, 2003, the instant building site had been owned. The instant building site had been divided into the following table, and thereafter existed in G large-scale 447 square meters as it is. On October 19, 2006, the building site of this case had been merged with the E large-scale 14 square meters, D 20 square meters, H large-scale 35 square meters, previous land on January 14, 2003 and 447 square meters, large-scale 447 square meters, large-scale 447 square meters, large-scale 491 square meters, large-scale 602 square meters, large-scale 492 square meters, and 422 square meters, large-scale 422 square meters, and 4942 square meters, and 342 square meters, large-scale 202 square meters, and was combined with C. 62422 square meters, 352 square meters, respectively.
B. The Plaintiff and the Defendant entered into an agreement on the instant settlement agreement with the Plaintiff to newly construct at the Plaintiff’s expense a building of 395m2 and 395m2 of the first floor (hereinafter “instant building”) and calculate and settle the construction cost and site price (hereinafter “instant settlement agreement”).
(1) The Plaintiff and the Defendant: (a) deemed that the instant building site consist of 1,049 square meters and 1,000 square meters and 1,000 square meters and 29 square meters; (b) was divided into 3,00 square meters and 62 square meters on June 28, 2000; and (c) among them, the Republic of Korea acquired ownership on October 22, 2002 due to the acquisition of public land by agreement on October 22, 2002; (c) thus, the 62 square meters and 62 square meters prior to the subdivision on January 14, 2003 were included in the instant building site).
According to the instant settlement agreement, the Plaintiff and the Defendant acquired ownership as to the instant building and the instant site. On April 3, 2003, the registration of ownership preservation as to each one-half of the instant building was completed, and on April 3, 2003, the Dong side centered on the central stairs of the instant building, and the Seo side side was used and managed separately by the Defendant.
In addition, the building site of this case is located.