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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D completed the registration of ownership transfer based on the partition of co-owned property on February 16, 1988 as to the neighboring site of this case on February 19, 1988.
B. On September 1, 2004, the Plaintiff completed the registration of transfer of ownership on the ground of inheritance by consultation and division on May 4, 2004 with respect to the land wooden tanks and 31.41 square meters of the house subject to appraisal by extracting the above ground (hereinafter “instant house”).
C. On the ground of 26 square meters in order to connect each point of the attached Table 5, 6, 11, 7, 8, 4, and 5 among the neighboring sites of this case, part of the housing of this case is located on the ground of 7, 11, 9, 13, 10, and 7, which connect each point of 7, 12, 13, 13, 9, 11, 6, and 12 square meters in sequence among the adjacent sites of this case, the boiler room is located on the ground of 5 square meters in order to connect each point of 7, 11, 9, 13, 12, 14, 15, and 10 square meters in the above appraisal map. The parts caused by the above appraisal section 12 square meters in sequence connected each point of 10, 13, 12, 15, 10 square meters in order, and the above appraisal map is used as a passage of this case.
Ultimately, the part of the possession of this case is occupied by the owner of this case.
In the case of the removal of buildings and removal of buildings, etc. (Counterclaim) between the Plaintiff and D, Incheon District Court 2005Na3151 (Main Office), 2005Na3168 (Counterclaim) on July 6, 2006, the court below held on July 9, 1987 as to the Plaintiff’s share 9.4/225 of the occupied portion of this case (hereinafter “instant share”).
6. The Supreme Court Decision 2006Da55784 Decided December 10, 2009, and 2006Da55791 (Counterclaim) Decided December 10, 2009, rendered a final and conclusive judgment on December 10, 2009.
E. Meanwhile, on August 2, 2011, the Defendant received the instant land and buildings awarded a successful bid in the F real estate rental auction case regarding the instant land and buildings in this Court. On August 4, 2011, the instant land and buildings were awarded.