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The defendants trade the plaintiffs on December 16, 2015 with respect to 1/2 shares of each E-road in Dongjak-gu Seoul Metropolitan Government.
Reasons
1. Basic facts
A. On December 16, 2015, the Defendants: (a) owned one-half equity share in the instant building site and one-half equity share in the Plaintiff’s daily living facilities and housing (hereinafter “instant building”); (b) sold the instant building site and building for KRW 1.495 billion to the Plaintiffs on December 16, 2015 (hereinafter “instant sales contract”); and (c) on February 24, 2016, registered ownership transfer to the Plaintiffs.
The Plaintiffs completed the remodeling construction of the building after purchasing the instant site and building.
B. The Dongjak-gu Seoul Metropolitan Government E-Road 23С (hereinafter “instant road”) adjacent to the instant site is a land located between G road of 658§³ (H and Dongjak-gu; hereinafter “G road”), which is the instant building site and the roadway, and is used as a passage to move into the entrance and G road of the instant building, and the underground space is where one excreta tank for the use of the instant building and one house excreta tank are buried.
(c)
From March 31, 1969, the instant road was owned by I. As to December 6, 2018, the Defendants (i) purchased the instant site from the owner of the instant site and the instant road at the time of J around 1977 and constructed the instant building with only a written consent for land use without being transferred when purchasing the instant site from the owner of the instant site and the instant road at the time of J around 1977, and (ii) purchased the instant site and the instant building from J with its well-known knowledge, and (iii) Defendant D and L knew of the aforementioned facts when purchasing the instant site and the instant building from K on February 23, 1980.
Defendant D: (a) from the time when the title of the instant site and building was entrusted to M on April 20, 1981; (b) from August 9, 1986 to February 23, 2016, Defendant C occupied the instant road as its owner’s intent to own the instant road, and thus, Defendant C arbitrarily set the date of commencement of possession as February 24, 1996 and on February 23, 2016.