beta
Text
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. On September 13, 1970, the 1st six - 6th six dan of D Forest in Gwangju City (25,884m2; hereinafter “the forest before the division”) registered the preservation of ownership in the name of the defendant in accordance with the relevant provisions of the Act on Special Measures for the Registration, etc. of Forest Ownership (Act No. 2111; hereinafter “Special Act”) being enforced at the time of September 13, 1970.
B. Thereafter, the ownership transfer registration was completed in the G on August 8, 1989 with respect to 1/2 shares of 25,884 square meters of forest land before the division. On February 15, 1993, following the partition procedure, the ownership transfer registration was divided into G ownership with respect to 12,942 square meters of forest land in Gwangju City, and H forest land 12,942 square meters (hereinafter “instant forest”) was divided into the Defendant.
C. The Defendant sold the instant forest land to I, etc. on July 30, 2002.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 8, 9 (including each number in case where there is a paper number), Eul's 8 or 9, and the purport of the whole pleadings
2. On the premise of the facts acknowledged earlier, the Plaintiff: “The 1/2 shares of the forest before the division was owned by C clan (hereinafter “instant clan”) or L of the Plaintiff and the Defendant; the Defendant acquired the forest land of this case in accordance with the procedure for partition of co-owned property as a co-owner on the register before the division. The Defendant subsequently sold the forest land in this case in KRW 2.3 billion. The Defendant promised to distribute the purchase price of the forest of this case to L descendants, including the Plaintiff, including the clan members of the instant clan or the Plaintiff. However, since the Plaintiff’s share of KRW 150 million out of the purchase price of the forest of this case was KRW 150 million, the Defendant is obligated to pay the Plaintiff a share of KRW 150 million and delay damages.”
Therefore, it is consistent with the above facts of the plaintiff's assertion.