1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

가. 원고는 1980. 3. 3. 피고의 조부(祖父)인 망 H과 평택시 I 이하 같은 리의 경우 지번 등으로만 특정한다.

With respect to forest land 2,00 square meters and J forest land 2,188, a sales contract of KRW 23,034,000 was concluded.

(hereinafter “instant sales contract”). B.

I Forest land 7,537 square meters were divided into 6,612 square meters of I Forest land and 925 square meters of F Forest land on March 17, 1980.

(hereinafter referred to as “instant division”, and the F forest land 925 square meters out of the land after the division shall be referred to as “instant land”).

G whose father is the defendant's father on April 6, 1995 completed the registration of ownership transfer based on inheritance by consultation and division on November 14, 1993 with respect to the land in this case, and S completed the registration of ownership transfer based on the provisional registration on November 18, 1981 with respect to the 1/3 share out of the land in this case on August 31, 2002.

Accordingly, the owners on the register of 2/3 shares among the land in this case are G. D.

G died on September 29, 199, and the Defendant solely inherited the net G’s property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Gap evidence Nos. 8 through 13, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion includes the instant land. The Plaintiff paid the sales price under the instant sales contract in full and possessed the instant land up to now, but failed to complete the registration of ownership transfer as to the instant land because it did not recognize the division.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer with respect to 2/3 shares of the instant land to the Plaintiff on the ground of the instant sale.

B. First of all, we examine the existence of the instant land in the instant sales contract, and there is no evidence to acknowledge it, while rather, we examine the facts acknowledged earlier.