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1. The part against the plaintiff A in the judgment of the first instance shall be revoked.
2. The defendant is not less than 817 square meters in Ansan-si, the plaintiff A.
Reasons
1. Basic facts
A. On June 30, 1965, the registration of ownership transfer was completed in the name of E on June 30, 1965 with respect to the land of 995 square meters in Ansan-si (hereinafter “land prior to subdivision”), pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982) on October 31, 1984, the registration of ownership transfer was completed on August 8, 1974 under Plaintiff A’s name.
B. On November 14, 1990, the land prior to the subdivision was divided into D 817 square meters in Ansan-si, Dong-si (hereinafter “instant land”) and Q Q 178 square meters in size.
C. On June 8, 1993, according to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1992, the invalidation), the registration of transfer of ownership under Paragraph (2) of the disposition was completed in the name of the defendant on April 5, 1985 (hereinafter “instant registration of transfer of ownership”).
Around November 26, 1987, the Defendant’s father He purchased at KRW 260, P 278, O 564, and R land at KRW 15,950,00, and the above ground buildings at KRW 15,950 on the date of the contract, and paid KRW 12,950,000 as the remainder on November 8, 1987. As to the above O and P land, the registration of ownership transfer was completed on November 19, 1987 under the name of Dong-gu N on November 26, 1987, and the registration of ownership transfer was completed on September 19, 198 under the name of father of the Plaintiff on September 12, 198.
E. On the left side of the instant land, K land owned by the Plaintiff B and on the right side, the above S land owned by the Defendant and the above P land adjoin each other.
F. Meanwhile, around December 2012, the Plaintiff B and the Defendant surveyed the boundary between the instant land and the said land. As a result, it was revealed that Plaintiff B was 49gglue on the part of the instant land, and Plaintiff B laid down the said death tree and 49glue around that time.