1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall make a selective claim added by this court.

1. Facts of recognition;

A. On August 13, 2014, the Plaintiff (Appointed Party) purchased 1/4 shares of the instant site and 3/4 shares of the Appointed Party E, respectively, in the voluntary auction procedure on the 119 square meters wide (hereinafter “instant site”) of Dobong-gu Seoul Metropolitan Government D (hereinafter “instant site”).

B. The instant building site and the instant building, which is a mentor and a building on its ground, was owned by F. G on January 26, 1996, purchased the instant building site only in the voluntary auction procedure filed by P, who is a mortgagee of the instant building site and the instant building, on the ground that G purchased the instant building site on January 26, 1996 only for the instant building site, in a voluntary auction procedure where G was filed by P, a mortgagee of the instant building site and the instant building.

C.F died on August 20, 1998, and jointly succeeded to F by Defendant B, I, J, L, and K.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, F’s right to collateral security was established on the instant building site and building owned by F. The arbitrary auction was executed only on the instant building site, and G purchased the instant building site in the auction procedure, and the owner of the instant building site and building was different. F acquired legal superficies for the ownership of the instant building under Article 366 of the Civil Act, and the legal superficies was succeeded to the Defendant, etc. as it is upon the death of F. [The Plaintiff and the co-defendant B claimed that they own the instant building one-half shares on the premise that the remaining co-defendant B and the Defendant and the co-defendant B have renounced their co-defendants’ co-defendants’ co-ownership right to the instant building, but the above inheritors acquired the ownership of the instant building without registration by inheritance, but waiver of real rights is an act of disposal under Article 187 of the Civil Act.