1. Of the judgment of the first instance court, the part on Defendant Q was revoked, and Plaintiff (Counterclaim Defendant)’s claim against Defendant Q.

1. Basic facts

A. The Plaintiffs are co-ownership holders of the share of 1,132 square meters of the Seo-gu Incheon Metropolitan City AW road (hereinafter “instant road”).

Defendant Q is the owner of BF Housing C-dong 204, which is a tenement house adjacent to the instant road, and the Defendant (Counterclaim Plaintiff) is the owner of a detached house adjacent to the instant road.

B. On September 6, 1982, Daesung acquired the ownership of 9,917 square meters of land of Kimpo-gun AX AX-gun, Kimpo-gun on September 6, 1982. On October 22, 1982, Article 33 of the former Housing Construction Promotion Act (amended by Act No. 3998 of Dec. 4, 1987) and Article 32 of the former Enforcement Decree of the Housing Construction Promotion Act (amended by Presidential Decree No. 11541 of Nov. 3, 1984), Daesung acquired the ownership of a detached house of 7,959.4 square meters of land among the above forests (exclusive area of 48.60 square meters), 31 households, 54 households (exclusive area of 48.48 square meters), 54 households, 1 another building building building, electricity, road, water supply and drainage facilities, etc., and a project proprietor of the said housing construction project acquired the ownership of the above housing construction project.

3) South Dong Construction Co., Ltd. (hereinafter “Nam Dong Construction”)

A) On December 30, 1989, the Plaintiff acquired the ownership of the said forest. Around June 1990, the Plaintiff obtained approval from the head of Kimpo-Gun to change the project entity of the said housing construction project into the building in South Dong on December 28, 1990. (4) On December 28, 1990, the construction in South Dongdong completed a completion inspection on the said apartment houses and detached houses, and the said forest was divided into the said forest into the 9,474 square meters in Kimpo-gun AX AX AX AX AX 9,474 square meters in size, BG forest 318 square meters in size, BH forest 125 square meters in size.

On May 25, 1991, a 9,384 square meters of a AX forest divided above-mentioned AX 9,474 square meters (hereinafter “AY land”) shall be the 9,384 square meters of a Y forest in Kimpo-gun.