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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The Plaintiff’s assertion K owned 1/2 of the real estate shares listed in the attached sheet Nos. 1, 2, 6, 7, and 8 and of the real estate shares listed in the attached sheet Nos. 3, 4, and 5 of the same list as the real estate shares listed in the attached sheet, and died on or around December 30, 1979. As such, the Plaintiff’s assertion K owned 1/2 of the real estate shares listed in the attached sheet Nos. 1, 2, 6, 7, and 8 of the real estate shares listed in the attached sheet and 3, 4, and 5 of the real estate shares listed in the same list are the public property of the deceased K’s heir, and the portion of the inheritance is as listed in the attached sheet of share calculation.
Defendant H’s sole completion of the registration of ownership transfer as to the real estate stated in Section 1, 2, 6, 7, and 8 of the [Attachment List Nos. 2831, Oct. 1, 1985, which was received on Oct. 12, 1985 by the Daegu District Court for the reason of sale on Oct. 12, 1994; ② as to the real estate listed in Section 3, 4, and 5 of the [Attachment List No. 3] due to sale on Feb. 10, 1984, under receipt No. 19451, Jul. 5, 1994; and under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; “Special Measures Act”).
However, on December 30, 1979, Dong K died on or around December 30, 1979. The grounds for the registration of each transfer of ownership are all subsequent to the registration of invalidity of the cause registered based on a false or forged guarantee certificate, and the registration of each transfer of ownership and mortgage and creation of superficies are also null and void. Thus, as stated in the purport of the claim, it is sought to cancel the remaining co-ownership shares except for Defendant H’s inheritance shares.
2. Determination
(a) A registration completed under the Act on Special Measures shall be presumed to be a registration consistent with the substantive legal relationship, and it shall be proved that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that it has not been duly registered due to other reasons.