Part of the land to be reserved for replotting is registered as co-ownership while purchasing a specific part of the land to be reserved for replotting, and private ownership claim.

Of the reserved land for replotting owned by the defendant, the registration of the transfer of co-ownership shares in the previous land was made by specifying the location of the land as approximately 53 square meters and the actual area of the previous land was identified as one of the 62 square meters and the actual area of the possession was divided into two lots, such as the land, and if the substitute land was determined as a result of a subdivision of two lots, the defendant was found to have mistakenly recognized that only 53 square meters of the land was sold on the premise that the location of the land would be substitute for 62 square meters and one of the 62 square meters and one of the 62 square meters and one of the 62 square meters, and as long as the previous land was determined as the land was separated, Gap and

Article 262 of the Civil Act

The Intervenor succeeding the Plaintiff

Plaintiff (Withdrawal)

The Minister of Justice of the Republic of Korea and the Minister of Justice of the Republic of Korea

Intervenor joining the Defendant

Daejeon District Court Decision 78Na123 delivered on October 18, 1979

The appeal is dismissed.

The costs of appeal shall be assessed against the defendant and the defendant assistant intervenor.

The defendant and the defendant's assistant intervenor's grounds of appeal are examined comprehensively.

According to the court below's stated evidence, 490 square meters in time of the above land as land substitution due to the execution of a land substitution project, which is the property devolving upon the non-party, the defendant specified the location of the part owned by the non-party, and sold it by dividing it into 53 square meters ( Address 2 omitted) and then registered the share transfer registration for 53/490 of the previous land for convenience. The court below's decision was just in that the non-party's share transfer registration for the previous land was made according to the ratio of sale area in the previous land, and the above land was divided into 62 square meters in order to find that the above land was owned by the non-party and the actual part sold by the non-party was merely a new land substitution registration with the non-party's share transfer registration for the non-party's new land substitution registration. Thus, the court below's decision did not err by misapprehending the legal principles as to the non-party's share transfer registration for the non-party's new land substitution registration for the non-party's new land substitution registration.

Justices Kim Yong-chul (Presiding Justice)