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1. The judgment of the court of first instance is modified as follows.
The plaintiff's first preliminary claim against the defendant B, Tyang-si.
Reasons
1. Basic facts
A. F and Defendant C’s owner of “40 square meters among G land and D land” 1) the 4,179 square meters prior to E in Yangyang-si, Nam-si, Namyang-si (hereinafter “J-ri land in Nam-si”) and the 40 square meters out of the 2,876 square meters in Nam-si, Namyang-si, Nam-si, Namyang-si, and the 1,421 square meters prior to D, Nam-si (hereinafter “instant 40 square meters”).
(A) A) purchased KRW 2,00,000,000, and paid the F the sales price to F, and occupied and used the instant 40 square meters land purchased from F. The instant 40 square meters land, which Defendant C purchased from F, was “the portion used as a road,” and was used as a road from the time of sale to the present time, and its location was not changed as it is, and all G land and D land (the documents written by Plaintiff and Defendant C as to the instant 40 square meters on the date of the first oral argument at the trial at the present trial at the present trial at the present trial at the present trial) around that time are all over the following. A) around December 5, 1987, F and Defendant C prepared the “Real Estate Sales Agreement” (A-1-1). The document written the “Real Estate Sale Contract” column “No. 40 square meters in Nam-si, G, and D,” and written the “Defendant C’s land receipt” as “No. 288,000.
He received on December 28, 1987 the remainder of KRW 500,000,000 from G and D as E’s roads, the remainder of KRW 500,000,000 in the daily amount of KRW 2,00,000,000: Provided, That around February 1, 1988, F drafted a written consent to use as roads (A. 6) with the Defendant on February 1, 1988.
In the document "place of site" column, "place: The G, D, land category of the Namyang-gun of Gyeonggi-do: Jeonyang-gun."