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1. The judgment of the first instance is modified.
The plaintiff's claim of this case is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The details of the division of land of 1074 square meters and H large 221 square meters in Suwon-gu, Suwon-si, Suwon-si, and the details of the division of land of 1074 square meters and H large 221 square meters in Suwon-si, Suwon-si, the process of the division of land and the process of the alteration of ownership (including the process of the Plaintiff’s acquisition of ownership) are as follows.
(1) around May 24, 1994, the details of the subdivision of Kuwon-si G 1074 square meters (hereinafter “G land before the subdivision”) around May 24, 1994: (i) the ownership ownership registration was divided into 24 square meters on the YY-gu J. 24 square meters; (ii) the ownership registration was made around 1955 by the heir of 10 persons, such as Kuwon-gu L, M, N, etc., inherited and owned as co-ownership on June 9, 1994; and (iii) the ownership registration of 94 square meters on the entire co-ownership share on the grounds of the sale on June 8, 1994 (hereinafter “the ownership registration of 194 square meters before the subdivision”); and (iv) the ownership registration of 194 square meters on the 94 square meters on the 194 square meters on the 94 square meters on the 196th on the 196th on the 96th on the 196th on the 194th on the ownership ownership.
B. On the other hand, the Plaintiff’s acquisition of ownership, on the other hand, the procedure was conducted with Suwon District Court Q, as to the share of KRW 467.6912/1191, among the land in question, the land in question, including the land in question, and the land in question, of KRW 24m2, J. 76m2, P. 4m2, P. 4m2, P. (hereinafter the above three lots) in Suwon-si, Suwon-si, Suwon-si (hereinafter the “instant land in question”), and the land in question, the ownership was acquired after being awarded a successful bid for the said five lots (including the instant land in dispute) in the said auction case on February 26, 2016.
C. (1) On the other hand, on the G land before subdivision, there were a single-story building which had undergone the extension and reconstruction process from around 1938 on the G land before subdivision, but the co-owned share holders including L, M, N, etc. (hereinafter “L, etc.”) established a corporation around 191.