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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
Reasons
1. Basic facts
A. The Defendant, the Yongsan-gu Seoul Metropolitan Government 138 square meters of land owned by the Defendant, D 56 square meters of land owned by E, and F 70 square meters of land owned by G. These three were newly constructed on the adjacent site (hereinafter “instant building”). On October 9, 1991, they agreed to own a building on the adjacent site (the Defendant’s shares are 286.64/50.4; E shares are 117.23/50.4; G shares are 117.23/50.53/50.4; G shares are 146.56.53/50.4); and the land and the first floor are 146.53/50.4; the part newly constructed on the land owned by the Defendant, the second and third floor is 2, and the third floor is 3, respectively.
B. At the time of the construction of the instant building, the Defendant, E, and G had obtained a building permit by newly building the 3rd floor neighborhood living facilities and housing (the 159.68 square meters of ground floor, the 159.68 square meters of floor and 130.24 square meters of floor, the 130.24 square meters of floor, the 23th floor: the stores, and the 23th floor) of reinforced concrete structure at the time of the construction of the instant building. Unlike the contents of the said building permit, the Defendant, E, and G changed the 1st floor to 2 households, the 2nd floor, the 2nd floor, and the 3rd
C. After the death of G, H completed the registration of ownership transfer in the name of H as to the building site and building portion of G on February 29, 200 due to inheritance by agreement division. The Plaintiff purchased them from H and completed the registration of ownership transfer in the name of the Plaintiff on April 2, 2007.
E sold its building site and building shares to I, and completed the registration of ownership transfer under the name of I on September 28, 2009. The Plaintiff purchased them from I and completed the registration of ownership transfer under the name of the Plaintiff on March 23, 2010.
(B) The Plaintiff’s share in the instant building became 263.76/4 in total). E
E is a set of parking machinery installed in 19 square meters among the 1st floor of the F-70 square meters above that was owned by G at the time of around 1996 without permission, and 2nd parking machinery installed in a pethouse.