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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 12, 1979, Defendant C completed the registration of transfer of ownership with respect to Daehan 5,608 square meters (hereinafter “Before subdivision”). Before subdivision, land was divided into D large 4,713 square meters, D large 484 square meters, E large 481 square meters, and D large 4,713 square meters. The aforementioned D large 4,713 square meters was divided into D large 3,275 square meters and F large 610 square meters, G large 445 square meters (hereinafter “instant land”), H 383 square meters, and D large 3,275 square meters, and D large 3,275 square meters were divided into 1,000 on December 5, 2008, and Defendant C was divided into 10,000 square meters for 5,000 square meters and 10,000 square meters for 15,000 square meters for 25,000 square meters for 20.
On May 2, 2006, Defendant C and his mother donated to Defendant B, on May 2, 2006, 1, 36.36 square meters on each of the land in J, D’s land, and 207.60 square meters on each of the buildings attached to the boomed 36.36 square meters, ② the building attached to the boomed 307.60 square meters (hereinafter “instant unauthorized building”), ③ the building attached to the braceed 39.67 square meters on each of the instant buildings attached to the bridgeed bridge and the b5.45 square meters (hereinafter “each of the buildings prior to the removal of the instant building”).
E. On December 12, 2006, Defendant B obtained a new construction of a building with the building area of 201.16 square meters and total floor area of 228.98 square meters from the head of the Gu of Jung-gu, Seoul (the instant land was divided into the instant land on February 1, 2007) from the head of the Gu of Jung-gu, Seoul, with the approval of the new construction of a building with the completion report certificate issued by the head of the Gu on March 8, 2007 and obtained the approval for the use of the building on June 8, 2007.
On June 22, 2007, Defendant B completed registration of preservation of ownership of the building on “3.37 square meters of 1st floor of 33.37 square meters for Class II neighborhood living facilities and 197.4 square meters of 2nd floor” on the ground of the instant land (hereinafter “new building of this case”) and has operated a restaurant business at the said new building.
F. On the other hand, around May 2006, the owner of the wooden Building 50 square meters (hereinafter “instant unauthorized Building”) on the Non-Licensed Building Ledger (Lighting Number L) in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant Unauthorized Building”) was registered as K, but it was registered as K.