원상회복등
1. The Plaintiff:
A. Defendant C is KRW 371,472,00 and 5% per annum from December 30, 2010 to April 10, 2014.
1. The registration of ownership transfer was completed on April 22, 1927 with respect to G forest 2,840 square meters (hereinafter “instant land”) at the time of the establishment of the basic fact, and on May 12, 2004, I completed the registration of ownership transfer in the future on the ground of inheritance due to the consultation and division.
The plaintiff completed the registration of ownership transfer on September 16, 2004 for the land of this case, which was caused by sale on September 14, 2004 in the future of the plaintiff.
J filed a lawsuit against the Plaintiff claiming for ownership transfer registration (hereinafter “related lawsuit”) against the Plaintiff, asserting that “I is the true owner who inherited the instant land from H, and I completed the ownership transfer registration without any authority over the instant land, the ownership transfer registration in I’s name is null and void, and the ownership transfer registration in the Plaintiff’s name is also null and void,” and that I participated in the said lawsuit as the supplementary intervenor of the Plaintiff.
The above court accepted the above argument by the J and rendered a judgment that "the plaintiff shall implement the procedure for the registration of ownership transfer on the ground of the restoration of authentic names with respect to the land in this case," and that the plaintiff appealed while the J has died during the appellate trial, K, L and M take over the above lawsuit. The appellate court (U.S. District Court 2007Na22979) rendered a judgment that "the plaintiff shall dismiss the plaintiff's appeal and implement the procedure for the registration of ownership transfer on the ground of the restoration of authentic names with respect to each one-third share of the land in this case by three lawsuits of K, L and M (hereinafter "K, etc.")."
Accordingly, the Plaintiff appealed from the Supreme Court (Supreme Court Decision 2009Da42321) rendered a judgment that “the part against the Plaintiff shall be reversed and that part thereof shall be remanded to the Suwon District Court, on the grounds that N andO exists as the heir of H, in addition to J, and that N andO exist.”