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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's successor's claim against the defendant.
Reasons
1. Facts of recognition;
A. On August 8, 191, with respect to the forest land located in the forest located in the forest located in the forest located in the forest located in the North before the division (hereinafter “the forest land before the division”), the ownership transfer registration was completed in the name of the Plaintiff A (hereinafter “A”) of the first instance court (hereinafter “A”), which was received on December 16, 1991 on the grounds of inheritance by consultation and division as of August 8, 1991. On May 17, 1999, the ownership transfer registration was completed in the forest located in the forest located in the forest located in the forest located in the forest located in the North Korean before the division, and as of May 21, 1999, the ownership transfer registration was partially completed from A as of May 5456 of the same registry office (hereinafter “C, D, E, and F, 402.5/77 shares, respectively.
B. On September 4, 199, the forest land prior to the instant subdivision was divided into 4,685 square meters in the forest located in the forest located in the forest located in the Gandong-gun (hereinafter “U forest after the division”), 1,610 square meters in W forest land (hereinafter “W forest after the division”), and 1,242 square meters in V forest (hereinafter “V forest after the division”). The registered matters of the forest land prior to the instant subdivision were entirely transferred to U,W, and V’s certified copies of the register after the division.
C. After the division, the Defendant seized 402.5/70 of the shares of V 7537 of U forest land and V forest land after division, and each of the said shares was registered as to each of the said shares, and the registration of entry of the seizure of shares was completed on August 2, 2003 by the former District Court No. 6817.
After the division, A sold all the shares of U and V in U and V to the Intervenor succeeding to the Plaintiff on February 8, 2017. Accordingly, as to each forest, the entire share transfer registration was completed on February 8, 2017 by the Plaintiff’s successor to the Plaintiff on February 28, 2017, No. 1582 of the same registry office, which was received on February 28, 2017.
[Ground of recognition] Unsatisfy, Gap evidence 1, 4 through 7, Eul evidence 1 (including satisfy number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s Intervenor’s assertion that: (a) sold only the part corresponding to W forest after the division to C, D, E, and F prior to the instant division; and (b) sold not only W forest after the division due to the cause unrestability but also U and V forest after the division.