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1. The plaintiffs' claim of this case is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The land owned by JJ (hereinafter “JJ”). On September 1, 2007, a clan held a board of directors meeting on the said land and transferred the part corresponding to the road site in the name of a clan to restore it to its original name, and a resolution was passed to entrust the receipt of KRW 600,000,000,000 for road usage fees to a road user, which is to be paid to a road user, to the deceased K and an auditor of the clan at the time of the division.
B. From Gwangju-si to Gwangju-si on August 11, 2008, the land was divided into 2,014 square meters of L forest land (hereinafter “forest land prior to the division”) and the land prior to the said division was divided into 1,024 square meters of land and 1,024 square meters of land in Gwangju-si and 993 square meters of forest land, respectively, on April 6, 2010.
C. The Defendant, prior to the division, intended to engage in development projects, etc. by sharing 81,560 square meters of O forest land in Gwangju-si (hereinafter “O forest land prior to the division”) with P, etc., and the K and the Defendant drafted an agreement on February 15, 2010 (hereinafter “instant agreement”) with the following content.
Article 1 Section 1 shall, at the request of the defendant, use L permanently to the defendant (Around 600 square meters), and the defendant under Article 2 (O) shall provide K with K in installments at the expense of the defendant in an area adjacent to I (agricultural and forest area).
The registration cost shall be KRW 450,000,000, for Article 3 (Ap. 600 square meters) to K.
(B)
D. On the other hand, on May 24, 2010, the registration of creation of a mortgage consisting of the debtor P, a mortgagee P, Q, and the maximum debt amount of KRW 2.7 billion was completed on the L land prior to the division. The network K was paid KRW 180 million from Nonparty P around May 2010.
E. The deceased K again completed the registration of ownership transfer under the name of a clan on the ground of donation on February 6, 2013. However, on August 2, 2016 by Q Q’s implementation of the right to collateral security, the clans lost their ownership to L land.
(f) pre-division O.