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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, via C, as an agent, has invested KRW 45 million in each of the Defendant and the Defendant on March 29, 2013, and jointly purchased KRW 1491 square meters prior to Sejong Special Self-Governing City D (hereinafter “instant land”) at KRW 90 million, and completed the registration of ownership transfer as to the instant land on April 11, 2013 under the name of the Plaintiff and the Defendant.
B. On July 26, 2013, the instant land is divided into E (hereinafter “E land before division”) and its size is changed to 720 square meters. On August 8, 2013, as to the land E before division due to the division of co-owned property, the Plaintiff’s share was entirely transferred to the Plaintiff and the Plaintiff’s sole ownership was completed with respect to the land D after the said division. Each transfer registration to be owned by the Defendant was completed by transferring the Plaintiff’s share to the Defendant with respect to the land D after the said division.
C. On April 29, 2014, as the area of the said D land was re-divided into F (hereinafter “F land”), the area of the said D land was finally converted to 347 square meters (hereinafter “D land”), and on May 16, 2014, as the area of the said E land was subdivided into G (hereinafter “G land”), the area of the said E land was finally changed to 692 square meters (hereinafter “finally divided E land”). On July 2, 2014, the land category of D land was changed to “site”; and the land category of G land was changed to “road” from “B” to “road.”
The Defendant sold D’s land to H and I on March 5, 2017, and F’s land to H on March 24, 2017, respectively, and completed the registration of ownership transfer in the name of each purchaser on April 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 8, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1 of the parties, ① the Defendant and the Plaintiff’s agent, by dividing the instant land along a street, are to own the inner land that the Plaintiff was not adjacent to the roadside.