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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On May 7, 2008, C and D (the Defendant was the Defendant’s representative at the time of the Defendant’s birth) entered into a gift agreement between C and E with C and E with the content that “A and D shall be the entire land of this case where C and D shall be 38,238 square meters of land in the wife population at the time of use (hereinafter “the ownership transfer registration was made under the Defendant’s name on April 25, 1995) and G forest 21,692 square meters, H forest 13,608 square meters, H forest 13,608 square meters, I forest 5,785 square meters, J forest 12,218 square meters, and the gift agreement between C, D, D, M, N, P, and Q, under the responsibility of C and D” (hereinafter “instant gift agreement”).
B. On May 29, 2008, as the Suwon District Court 2008Gahap10573, C filed a lawsuit against the Defendant for the transfer of ownership or for the cancellation of ownership registration against the entire land of this case and against R, S, T, U, and U, China (representative D), including the Defendant, as the Suwon District Court 2008Gahap10573, and filed a lawsuit against the Defendant for the transfer of ownership or for the cancellation of ownership registration on the entire land of this case as well as against G forest 21,692 square meters, and the above I forest 5,785 square meters.
(2) In Suwon District Court case No. 2008Gahap10573, C withdrawn a lawsuit on September 2008, but R, S, and C consented to the withdrawal of the lawsuit, and the above court rendered a judgment dismissing the claim against R, S, and C on December 23, 2008, and C filed an appeal as Seoul High Court 2009Na12469 on December 18, 2009, but C filed an appeal as to the claim against the Tein (the above G 21,692 square meters). However, C’s appeal was dismissed on December 18, 2009 and the above judgment became final and conclusive on January 21, 2010.
(3) On January 6, 2009, when the Suwon District Court 2008Gahap26288 case is pending, C does not perform compulsory execution based on the confirmation even in the case where the Suwon District Court 2008Gahap26288 case is finalized in favor of the Defendant on January 6, 2009, and the claim for ownership transfer registration based on the restoration of real name is filed with the Defendant.