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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 인정사실 망 E은 1972. 4. 3. 경성부(京城府)로부터 서울 용산구 F 대 11.9㎡를 매수하여 소유하던 중 사망하였고, 피고 D이 1994. 8. 1. 위 토지를 망 E으로부터 상속재산 협의분할에 따라 단독으로 상속하여 소유하던 중 2016. 4. 11. 아들인 피고 B과 며느리인 피고 C에게 각 1/2지분씩 증여하여 위 토지 중 각 1/2지분에 관하여 2016. 4. 12. 피고 B과 C 앞으로 소유권이전등기가 마쳐졌다
(2) On September 15, 1959, the Plaintiff newly constructed a three-story store with a size of 76.36 square meters and a total floor area of 229.08 square meters (hereinafter “Plaintiff’s building”) on the ground of 36.4 square meters in Yongsan-gu Seoul Special Metropolitan City, which is adjacent to the instant land, on September 15, 1959, and completed registration of ownership preservation on December 16, 1965.
The above G land purchased from I on October 16, 1958 and completed the registration of ownership transfer on October 20, 1958, and the above H land demanded the Plaintiff, a possessor, based on the Act on Special Cases concerning the Disposal of State and Public Property (amended by Act No. 1570, Dec. 16, 1963) to purchase the land from the Republic of Korea and completed the registration of ownership transfer on September 4, 1963.
However, among the Plaintiff’s buildings, the portion of “b” 4.6 square meters in the ship connected with each point of the 3, 4, 5, 6, and 3 of the annexed drawings is constructed in line with the boundary of the instant land owned by Defendant B and C.
(hereinafter) As above, “the site for the part over the boundary of the instant land” is the part over the boundary of the instant land. On the other hand, the building of 102.4 square meters and its third-story stores adjacent to G land, which are the land adjacent to G, shall be inherited by Defendant D on August 1, 1994 by means of an agreement on inherited property division, and owned up to now.
The form of the instant land was connected in sequence 1, 2, 3, 4, 5, 6, and 1 of the attached Form.