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All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
C (C) On January 29, 198, the Defendant’s father and D purchased the instant land and buildings owned by E in the purchase price of KRW 400 million. On March 17, 198, with respect to shares 111/33.2 of the instant land in the name of C, shares 180.64/738.89 of the instant building, shares 22.2/33.2 of the instant land in the name of D, and shares 558.25/738.29 of the instant building, each registration of ownership transfer is completed.
C and D, in order to ensure that the boundary of shares on March 18, 198 does not have a drawing on the register, the location of D’s ownership is the ground floor (ground room), the second floor, the third floor, the rooftop and the entrance and exit room (in the entrance and exit), and the location of C’s ownership is divided into one floor (excluding the part of the entrance and exit road, the ownership of which is D’s ownership) and agreed on it. At that time, C and D drafted the ownership area and the location agreement (hereinafter “instant agreement”) of the content, and around that time, C and D drafted the specific part of ownership and size of the instant building through the written consent (Evidence No. 6; hereinafter “the instant consent”).
Since then, in accordance with the instant agreement and written consent, C exclusively used and used the part of the first floor of the instant building (other than the current floor), and D exclusively used the remainder (other than the above part of the instant building, the second floor, the third floor, the rooftop and the current floor) of the instant building, excluding the above part of the first floor.
On August 3, 2002, the Plaintiff purchased D shares from D among the instant land and buildings, and completed the registration of ownership transfer on September 6, 2002, and thereafter, as in D, the Plaintiff used the remaining parts of the instant building (other than the above first floor, the second floor, the third floor, the rooftop and the entrance watch) to the Juvenile Training Center, etc.
On June 29, 2012, the Defendant received C’s share from C among the instant land and buildings, and completed the registration of ownership transfer on July 28, 2012.