1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

A. On November 4, 1979, the Plaintiff, C, and RD acquired ownership of each 1/3 share of land of 3286 square meters, E-si, Chungcheongnam-si on November 4, 1979, due to inheritance.

On November 19, 1998, the defendant acquired the ownership of the above 1/3 shares from the deceased D on the ground of inheritance.

On the other hand, the said land was divided into a large of 1204 square meters (hereinafter “instant F land”), a total of 944 square meters (hereinafter “instant G land”), a total of 1137 square meters (hereinafter “instant H land”) prior to H, and a large of one square meters (hereinafter “instant I land”), respectively, through multiple divisions and mergers.

B. On September 21, 1995, the Plaintiff obtained a construction permit with respect to the instant F land, and at that time newly constructed a lightweight steel-frame building 199.4m2 on the ground of the said land as an automobile trading-related facility.

C. The Korea Land and Housing Corporation accepted the G land of this case on March 29, 2001, and the J, a co-born by C and the defendant, acquired half of the compensation for the Plaintiff’s share in the said G land in installments.

On September 2, 2015, the Plaintiff, the Defendant, and C sold to L companies 5,545,505,985 won with respect to the instant land F and H land and the K land in Young-si, G, and one-third of the above purchase price was paid by L companies according to the share ratio on the register of the said land.

[Reasons for Recognition] Evidence Nos. 1-1, 6, 2, 3-1, 3, 4-4, 5-1, 2, 3, and 7-1, 1-2, 3, and 7, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff, while constructing a new building on the instant F land, acquired the land compensation paid by the Korea Land and Housing Corporation while accepting the instant G land by dividing it into Defendant and C.

Between the Plaintiff, Defendant, and C, the Plaintiff would additionally own the share in the remaining land of this case, including the said F land, in lieu of giving up the said G land’s share.