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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On April 15, 2003, G died with H and I as his heir, the Plaintiffs, the Defendant, and their children, and I.
(hereinafter referred to as “the deceased”). B.
On May 21, 2004, the Defendant completed the registration of transfer of ownership on March 25, 2004 with respect to 1/2 of the 53,449 square meters of forest Fansung-gun, Gyeonggi-do, which was owned by J of Gomo-Ma (hereinafter “instant land”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, the purport of whole pleadings
2. Determination as to the cause of claim
A. On October 200, the deceased asserted that he had a right to claim the registration of ownership transfer of 90/145 shares out of the purchase price by contributing to KRW 90,000,000 out of the purchase price in purchasing KRW 145,00,00 from J along with the defendant around October 200, the deceased claimed that he had a right to claim the registration of ownership transfer of KRW 90,145 shares out of the purchase price. Since the deceased died, the plaintiffs, the defendant, H, and I, the heir of the deceased in April 200, agreed on the division of inherited property between the plaintiffs and the defendant as to the above shares of KRW 1/5.
However, on May 21, 2004, the defendant alone completed the registration of ownership transfer as to the whole portion of 1/2 shares out of the real estate of this case including the deceased's above shares on his own on May 21, 2004. In accordance with the above agreement on the division of inherited property, the defendant is obligated to implement each procedure for the registration of ownership transfer as to the land of this case (=1/2 x 90/145 x 1/5).
B. (1) First, with respect to whether the deceased contributed KRW 90,00,000 and jointly purchased shares of KRW 1/2 of the instant land (hereinafter “instant shares”) with the defendant, the above facts are difficult to believe that the testimony of the witness I and the witness H of the first instance trial is based on the following facts or circumstances known by the purpose of J’s testimony and the entire pleadings.