토지인도
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the records of this case as to the legitimacy of the appeal of this case, the first instance court served a copy of the complaint against the defendant and notice of date for pleading, etc. by public notice, and served the plaintiff's claim on December 13, 2018, and served the original copy of the judgment to the defendant by public notice on December 19, 2018. The defendant can be recognized the fact that the first instance court was served by public notice only on February 11, 2019, and submitted a written appeal of subsequent completion to the court of first instance at the court of first instance on the same day, since the defendant could not comply with the period for appeal due to any cause not attributable to himself, and the appeal of this case filed within two weeks from the date on which such cause ceases to exist is lawful.
2. Basic facts
A. The defendant is Francing the forest of this case (hereinafter "the clan of this case")
3) As 28 years of age, the clan of this case’s clan’s graves (hereinafter “three graves of this case”).
) M Forest land 32,231 square meters (al.e., approximately 9,750 square meters, hereinafter referred to as “M forest”) in Kimhae-si.
(2) On March 15, 1977, the instant clan acquired title trust and completed the registration of ownership preservation on December 30, 1970. (2) On March 15, 1977, the instant clan specified and sold to N the remainder excluding approximately KRW 1,652 square meters ($ 500 square meters) of the instant grave among M forest, and completed the registration of ownership transfer from the Defendant for the portion 9,250/9,750 of M forest, and N completed the registration of ownership transfer on September 3, 1982.
3) On October 31, 2003, the land of the instant grave was divided into KRW 1,652 square meters into KRW 1,652,00,00,000 for the land of the instant grave in M forest (hereinafter “the instant forest land”) and was divided into KRW 1,652,00 for the land of the instant grave (hereinafter “the instant 1,652 square meters without
B. When the auction procedure to exercise the right to shares ofO among forest land E for the transfer registration of ownership under the name of E was commenced to the Changwon District Court P on June 24, 199, the defendant-friendly E transfers the ownership of the forest land of this case to the defendant.