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1.The judgment of the first instance shall be modified as follows:
The Defendant, as the Plaintiff
(a) KRW 13,462,428 and its related thereto.
Reasons
1. Basic facts
A. A. Around October 1986, an aggregate building was newly built on the ground, such as Seoul 79.4 square meters, E-owned G 470.5 square meters, and D 436.3 square meters (E equity 99.17/436.3, Plaintiff’s equity 337.13/436.3, hereinafter referred to as “D lands before subdivision”) owned by the Plaintiff and E, and at that time, 101, 102, 103, 104, 201, 201, 102, 103, 104, 201, 301, 202, 105, 106, 202, 302, and 302 of the aggregate building was owned by the Plaintiff.
(hereinafter referred to as "total aggregate building of this case").
① E filed a lawsuit seeking partition of co-owned property on D’s land jointly owned with the Plaintiff as Seoul Central District Court Decision 96Da268435, and in that lawsuit, the decision of compulsory adjustment became final and conclusive to the effect that “E does not claim usage fees for the said part, even if the said part of the land owned by the Plaintiff, is affected by the part of the land owned by the Plaintiff, which connected each point of 5, 5, 66, 3, 4, 5, and 5, in turn, of the attached drawings indication 1, 2, 6, 5, 5, and 1.
② According to the above compulsory adjustment decision, D’s land prior to subdivision was divided into D 337.1 square meters and F.9.2 square meters owned by the Plaintiff, and D’s land was combined with C’s land owned by the Plaintiff on November 15, 2007, F’s land was combined with G land owned by the Plaintiff on July 19, 2001, and C’s land was 416.5 square meters for C’s land and 569.7 square meters for G land.
C. ① The Defendant completed the registration of ownership transfer on October 31, 2002 with respect to the above G land, I, and J-sectioned sections.
② On March 27, 2003, the Plaintiff and the Defendant entered into a contract with the same content as the attached Form in relation to the use of the central stairs of the instant condominium building in land C, which is owned by the Plaintiff. The main content is “central stairs of the instant condominium building.”