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1. Revocation of the first instance judgment.
2. As to the portion of G forest G 28,457 square meters in Gyeongsan-si, and as to the portion of 1/2 in Defendant D, Defendant.
Reasons
1. Basic facts
(a) H, I, and J shall be children of K;
B. On October 19, 1917, H was assessed against G forest 28,457 square meters (hereinafter “instant real estate”).
C. H died without any child between his wife L on October 11, 1928, and L was succeeded to Australia and its property through H’s Ma on March 23, 1943, and completed registration of preservation of ownership as to the instant real estate.
L, around April 1946, L adopted H's Cho (J's children) as H and his ex post facto adoption, but it was not recorded in the family register due to the failure to report the adoption, and the fact was entered only in the family register.
After that, L died on November 11, 1952.
E. N andO (H’s private village) completed the registration of ownership transfer on October 26, 1970 on each of the instant real estates on the ground of sale on May 9, 1954 (hereinafter “instant ownership transfer registration”) in accordance with the Act on Special Measures for the Registration, etc. of Forest Ownership (hereinafter “Special Measures Act”).
F. On June 27, 198, N died. On September 27, 198, Defendant F and P, Q and R inherited N’s shares among the instant real estate on September 10, 198, and Defendant F and P completed the registration of transfer of shares based on inheritance as to their respective shares of 3/20, Q and R, respectively.
G. Afterward, P, Q, and R completed on December 15, 1994 the transfer registration of shares on the ground of donation to Defendant E (Defendant F’s children) on December 13, 1994.
H.O died on June 14, 1985, and his inheritor S completed a share transfer registration based on inheritance on November 3, 200 with respect to the share of 1/2 of the instant real estate of theO on November 3, 200, and on November 13, 200, on November 13, 200, Defendant D (hereinafter “Defendant D”) completed the share transfer registration based on donation on November 11, 200.
(i) I died on December 27, 1950, and upon the inheritance of Australia, Tran-son, a South-North Korean, I’s property.