1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

3...

1. Basic facts

A. On March 7, 1947, H completed the registration of ownership transfer of the instant land by around March 7, 1947 and around April 12, 1965, respectively.

B. C died on February 28, 2016 during the trial proceeding, and C inherited C’s property at the rate of 1/6, each of which was the children of C, and took over the deceased C’s instant lawsuit at the trial.

C. Defendant, Selection E, and F are children of the deceased deceased on May 31, 1981, and the heir of H along with I, the spouse of H. D.

H’s 1/2 shares of H on the instant land due to the death of H, 3/10 each of whom is the male E and the spouse, and 2/10 each of which is inherited by the Defendant and F.

E. After that, as I died on October 2, 1989, 3/20 of I's share on the land of this case (=1/2 x 3/10) E is inherited 4/6 of E, and 1/6 of the defendant and F respectively, the successor's share on the land of this case x 1/2 of E x 1/2 x 1/2 of the successor's share on the land of this case x 1/8 of each 1/8 [ = (2/10 x 3/10 x 1/6 x 1/6], and the successor's share on the inheritance of the defendant and the successor x 1/2].

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 10 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. The defendant asserts that the judgment on the main defense of safety was made on March 13, 1982 that the land of Ansan-si Co., Ltd. (hereinafter "the land before subdivision") was divided into P land on March 13, 1982 (hereinafter "P land"), and the land of this case. The plaintiff's claim of this case should be dismissed, since C did not have the land before subdivision, and C could not purchase or occupy it.

It is not impossible to purchase or possess part of the land solely on the ground that it was the land before partition, and if it is possible to specify a part of the land, it can be purchased or possessed. Since whether C or the Plaintiff possessed a specific part of the land before partition, it should be determined within the main part, it is the defendant's related thereto.