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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
Reasons
The facts based on the facts below are either a dispute between the parties or acknowledged in Gap 1 through 3, and 6 each entry (including serial numbers; hereinafter the same shall apply).
[1] around 1984, the Plaintiff and C owned 1/3 shares and 2/3 shares in D, 303 square meters (hereinafter “instant adjoining land”) such as 203 square meters in Songpa-gu Seoul (hereinafter “instant land”). The Plaintiff and C owned 1/3 shares and 2/3 shares in the instant land together with the instant land (hereinafter “instant site”).
C around 192, around March 11, 1994, newly constructed cement brick, flat roof, one hundred and sixty-three square meters of neighborhood living facilities (hereinafter “previous buildings”) on the instant land, and completed registration of initial ownership on March 11, 1994.
[2] In order to construct a new building on the instant building site, E purchased the instant land and previous building from the Plaintiff and C on June 18, 2002, and completed the registration of ownership transfer on August 16, 2002.
E, on August 16, 2002, completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “mortgage”) with respect to the instant land and previous buildings, which consists of the maximum debt amount of KRW 741 million, the debtor, E, and the mortgagee bank.
E on March 14, 2003, the Plaintiff and C leased the adjoining land of this case.
E In March 2003, after commencing the construction of a new building on the instant site, E removed the previous building on or around May 1, 2003, and thereafter, the building in the attached Form No. 1 "Indication of Building No. 1" comprised of No. 101 (hereinafter referred to as "No. 101") and No. 201 (hereinafter referred to as "No. 201") is referred to as the "the instant aggregate building".
The completion of the program was completed.
E, the plaintiff and C completed the registration of initial ownership relating to each one-third share of September 101 and 201 on September 8, 2003, and on the following day, the plaintiff and C owned 1/2 shares of 101, and E owned 201 shares of 1/2 shares of 101 on the grounds of division of common property.
However, E, E.