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1.The judgment of the first instance court shall be modified upon a request for change in exchange at the trial as follows:
The defendant.
Reasons
1. On May 9, 1912, E, the Plaintiff’s basic facts of the claim (1) was subject to the assessment of 1,035 square meters (313 square meters; hereinafter “instant land”).
E died on December 21, 1927, and G, South Korea, succeeded to E's property independently.
Since then, G died on February 23, 1968, and around that time, G’s co-inheritors, including the Plaintiff (G’s teas), agreed on the division of inherited property (Evidence A No. 4) with the premise that the instant land is inherited property of G, on the premise that it is inherited property of G.
(2) At the time when the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Jan. 1, 1993 to December 31, 1994) was enforced, the Defendant was a guarantor under Article 10(2) of the said Special Measures Act (Article 10(2) (Article 10(2) (Article 10(3) of the said Act, along with a written application to the competent authority, from among persons residing in the Dong/Ri in the location of the relevant real estate for more than the period prescribed by Presidential Decree by the head of Si/Eup/Myeon).
EF KF C (3) Nonparty C, the Defendant’s birth, issued, around June 1994, a letter of guarantee (hereinafter “instant letter of guarantee”) under the condition that “C is actually owned by inheritance from F, the father of C, who is the father of C on January 11, 1954,” and continued to obtain a confirmation of the same content as the instant letter of guarantee from the head of Si/Gun on November 8, 1994, Nonparty C, the Defendant’s birth, was based on the said letter of guarantee and confirmation, and completed registration of preservation of ownership as to the instant land in the Act on Special Measures.
(4) Since then, the Plaintiff obtained a loan from the non-party LA (hereinafter “LA”) after completing the registration of preservation of ownership of the instant land based on the false guarantee that C used to obtain the loan from the non-party LA (hereinafter “LA”).