1. As to KRW 39,057,429 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 39,057,429, and KRW 30,000 from July 30, 2019 to June 29, 2020, and KRW 9,057.

Basic Facts

On September 1, 2015, the Plaintiff entered into a contract with the Defendant on September 1, 2015, 398 square meters prior to C, Jinju-si, the Plaintiff owned, and D 415 square meters of forest land (hereinafter referred to as “instant land”) in Jin-si, the Defendant owned (hereinafter referred to as “instant exchange contract”). Under the instant exchange contract, on September 2, 2015, the ownership under the name of the Plaintiff and the Defendant was transferred on the ground of the instant exchange contract with respect to each of the instant land.

The instant land is a forest that was originally divided into 1,943 square meters in Jinyang-gun E Forest and that was under the circumstances of the net F (Death on October 20, 1962) during the Japanese occupation period.

G In 1973, the clan filed a lawsuit against the deceased net F, who had already died in around 1973 for the registration of the transfer of ownership of the forest land before the division by the Jinju Branch of Busan District Court 73Ga 699, and the judgment of winning the lawsuit was final and conclusive. According to the final and conclusive judgment, after completing the registration of the preservation of ownership in the name of the net F with respect to the forest land before the division, the ownership was transferred on September 15, 1972.

On December 5, 2007, the Defendant, one of the descendants of the networkF, transferred ownership to another person in accordance with the former Act on Special Measures for Registration, etc. of Transfer of Ownership of Real Estate.

On May 26, 2014, H, one of the descendants of the deceased F, filed a lawsuit claiming the cancellation of the previous registration, claiming that “The registration of transfer of ownership of G clan with respect to the land of this case is the invalidation of the cause, and the part concerning the remaining 228/245, excluding the defendant’s inheritance shares, is also null and void in the registration of transfer of ownership in the name of the defendant, which was completed based on the land of this case,” against the defendant by asserting that “The registration of transfer of ownership of G clan with respect to the land of this case is null and void.”

The defendant was served with a duplicate of the complaint on May 28, 2014.

On August 17, 2017, the above court rendered a judgment accepting H’s claim, and the Defendant appealed as the Changwon District Court 2017Na 4700.

The above appellate court is the defendant among the land of this case among H's claims.