Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3562 of Apr. 3, 1982, invalidation, and invalidation; hereinafter “Special Measures Act”), the J completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) on July 23, 1984 by the Suwon District Court’s Ansan Registry No. 12623, Jul. 23, 1984.
B. After November 4, 1989, J died on November 4, 1989, and the Defendants jointly inherited the forest of this case in their respective shares in inheritance shares.
[Ground of Recognition] Facts without dispute between the parties, Gap 1, 2, and 6 through 13 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's summary of the plaintiff's assertion asserts that the plaintiff inherited the forest of this case as the land under the circumstances of K, which is the plaintiff's fleet, and the J completed the registration of preservation of ownership of this case pursuant to the Act on Special Measures for the Forest of this case without any legal title. Thus, the defendants, the heir, are liable to implement the registration procedure for cancellation of registration of ownership of this case as to each share in the attached inheritance among the forest of this case
3. The presumption of the transfer registration made under the Act on the Special Measures shall be presumed to conform to the substantive legal relationship, unless it is proved that a letter of guarantee or confirmation under the Act on the Special Measures is false or forged, or that a registration made under the Act on the Special Measures is not legally registered for any other reason, the presumption of the transfer registration made under the Act on the Special Measures shall not be broken. In addition, even if a person who completed the registration under the Act on the Special Measures claims that he/she acquired a right depending on the other reason for acquisition, if he/she claims that the cause for acquisition recorded in the letter of guarantee or confirmation is different from the fact, it is obvious that the registration under the Act on the Special Measures cannot be made,
.. ...