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1. Revocation of a judgment of the first instance;
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
1. Basic facts
A. (1) On July 4, 1977, Korea completed the registration of initial ownership by designating the Office of Administration as the National Tax Service with regard to the land E-Gun Forest land (hereinafter “instant land before the instant partition”).
F on January 21, 1987, the F completed the registration of ownership transfer concerning the land before the subdivision of this case.
(2) On June 1, 198, the land prior to the instant partition was corrected from 27,471 square meters on the registry to 33,430 square meters. On the same day, the land was divided into 25,395 square meters in forest land E (hereinafter “instant land”) and G forest land into 8,035 square meters in total.
H completed the registration of ownership transfer on the same day.
(3) The I completed the registration of ownership transfer with respect to the instant land on March 27, 1995 due to sale and purchase on March 28, 1989.
B. (1) The J, while taking charge of the affairs pertaining to the management and sale of State property, borrowed the name of his/her family, relative relative, etc. and forged a bidder’s written registration, etc., such as the land before subdivision of the instant case.
(2) Pursuant to Article 53-2 of the former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009), I notified the Republic of Korea of the voluntary intention to return the instant land, and completed the registration of ownership transfer on the instant land on the ground of a donation made before June 8, 199 to the Republic of Korea (the Office of Forestry) on June 10, 199.
I concluded a special contract for the sale of state property with the Republic of Korea on July 24, 199, and completed the registration of ownership transfer on the land of this case on August 20, 199.
(3) On October 4, 2012, I died.
The heir has Plaintiff A, C, and D, who is the spouse of the plaintiff A, C, and D.
C. The current status of the use of the instant land (1) has K reservoir in the instant land, and 20,653 square meters in total amounting to 81.32% of the total area of the instant land is the site of the said reservoir.