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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant: (a) was owning a newly built house (hereinafter “instant house”) on the ground (hereinafter “instant land”) in the following order: (b) part of the attached Form 1 through 11, and 119 square meters in order to connect each point of the two points in the attached Form 1 through 11, among the 1579 square meters in G around June 20, 2016 (hereinafter “F land”, which was divided into 276 square meters in G around June 20, 2016) and 1579 square meters (hereinafter “E land”); and (c) the Defendant, who is the Republic of Korea, owns a portion of 119 square meters in the instant land (hereinafter “instant land”).
B. Around May 26, 1972 between the Defendant’s father D and H, D entered into a sales contract with the purport that D sells “one-way land first and 90 square meters of land site” to H, and D transferred the instant housing and its site to H.
C. Since then, H sold the instant housing and site to K, around January 21, 1993, and around 21, 1993 between the Plaintiff and K, K entered into a sales contract with the Plaintiff with the content of “I land ① three strings and ② 90 Gap’s site site (“instant sales contract”). Since that time, the Plaintiff occupied the instant housing and its site by delivery from K.
On the other hand, C sold the above I land to J around April 15, 1985, and completed the registration of ownership transfer of the above I land around July 14, 1993, and thereafter acquired transfer of ownership of L, M, and N in order.
E. The Defendant completed the registration of ownership transfer on F land pursuant to Article 4502 of the Act on Special Measures for Real Estate on July 14, 1993, and the Plaintiff completed each registration of ownership transfer pursuant to Article 4502 of the Act on Special Measures for Real Estate on August 18, 1994.
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 through 5, the result of cadastral survey appraisal on the head of the Korea Land Information Corporation's branch office in the first instance court, the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is a land E and F’s land around January 21, 1993, via H and K.