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1. The defendant,
A. As to the Plaintiff A’s share of 12/33 of the E forest land E 4,661 square meters, in the case of harmony,
B. The plaintiff B is above.
Reasons
1. Facts of recognition;
A. F was assessed in 1911, E forest land E 4,661 square meters (hereinafter “instant forest”).
B. The F deceased on December 7, 1926 and succeeded to the property solely by G, the head of South Korea, and G, the head of which died on October 9, 1984 and succeeded to the property by Plaintiffs A, B, and C, the head of the South Korea, respectively.
C. On August 19, 1970, H, I, and J completed the registration of ownership transfer for one-third portion of each of the instant forests (hereinafter “registration of ownership transfer”). On September 27, 199, H died on September 27, 199, K and his/her wife completed the registration of ownership transfer for one-six share of each of the instant forests on October 4, 2002 by inheritance.
Since then, the Defendant filed a lawsuit for the execution of the procedure for the registration of ownership transfer against K, L, I, and J under the Suwon District Court 201Ga11583, Suwon District Court 201Ga1583, by asserting that “The forest of this case was originally under the name of F as the Defendant’s possession and was subject to the circumstances in the name of F as the final cause, and after F’s death, the Defendant entrusted the same to three persons, including H, who represent each household, and thus, registered the ownership transfer of this case.” On February 7, 2013, the Defendant did not submit a written reply disputing the Defendant’s argument. The above court rendered a judgment that “The Defendant shall implement the procedure for the registration of ownership transfer on the ground of the termination of title trust with respect to the shares in question,” and that “The Defendant shall implement the procedure for the registration of ownership transfer with respect to the said shares in question on February 7, 2013.”
E. K and L appealed against the above judgment, and appealed as Seoul High Court 2013Na19429. On November 7, 2013, the appellate court revoked the judgment of the first instance on the grounds that the said lawsuit was brought by a person who has no power of representation, and thus, dismissed the lawsuit. However, the appellate court reversed and remanded the said judgment on August 27, 2015, and thereafter remanded.