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1. The plaintiff's lawsuit against the defendant shall be dismissed.
2. All of the Plaintiff’s claims against the Intervenor.
Reasons
1. Basic facts
A. (1) The Plaintiff, the Defendant, the E, F, G, and H are children of the I, and the I died on February 13, 1993.
(hereinafter I referred to as “the deceased,” and hereinafter “heirs”). (2) The deceased owned, before his birth, the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the above 3 buildings on the ground (hereinafter collectively referred to as “instant inherited real estate”), and the inheritors jointly inherited it, and completed the registration of co-ownership transfer on August 11, 1993 for each 1/6 portion of the instant inherited real estate.
(3) Of the inherited property of this case, H’s 1/6 share was transferred to H on April 13, 1994 due to the inheritance by agreement division, and on August 17, 1995, due to the cancellation of title trust, after the transfer to H on August 17, 1995, the transfer registration of shares was completed on November 1, 200.
(4) Of the instant inherited real estate, the registration of ownership transfer was completed on May 1, 1997 in the J, the wife on May 1, 1997 with respect to the Plaintiff’s 1/6 shares, and the remaining 1/12 shares were sold by public sale on October 4, 2002, and the registration of ownership transfer was completed in the Defendant’s future on October 8, 2002. Since then, the 1/12 shares of J were sold at a voluntary auction, and the registration of ownership transfer was completed in the Defendant’s future on March 30, 204.
(5) On April 28, 2004, E died and the transfer registration of shares was completed on June 28, 2004 in K, which is the husband, due to the inheritance by agreement division with respect to the 1/6 shares of E among the inherited real estate of this case.
(6) Ultimately, among the instant inherited real estate, the Defendant owned 3/6 shares, F, G, and K owned 1/6 shares, respectively.
B. The heir filed a lawsuit against the Plaintiff on the claim for the return of shares in inheritance by the Busan District Court 95Gahap6406. The Defendant, etc. and the Plaintiff filed a lawsuit against the Plaintiff on May 18, 1995, respectively.