1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 2-1, Eul evidence No. 1 and 2.

B. On January 30, 202, J (Representative D, hereinafter “J”), K, L, and M (hereinafter collectively referred to as “J, etc.”) concluded a sales contract with E to purchase F forest land 126,248 square meters (hereinafter referred to as “F forest land N in Yongsan-si” due to the change of administrative name on December 24, 2001; hereinafter “the instant forest before the instant division”) from E, and sold it to a large number of third parties by dividing the forest before the instant division without completing the registration of ownership transfer under the name of J, etc.

B. On May 28, 2002, with respect to the 1,273 square meters of the forest land prior to the instant subdivision between the Plaintiff and G, a sales contract with G, the purchaser of H (the Plaintiff’s wife), and the purchase price of KRW 270,00,000 (a evidence No. 2-1; hereinafter “instant sales contract”) was formulated between the Plaintiff and G.

C. On September 27, 2002, the Defendant completed the registration of ownership transfer based on sale on September 3, 2001 under the name of the Defendant with respect to the shares of 4,083/126,248 among the forest land before the instant partition (hereinafter “Defendant shares”).

On November 18, 2002, the forest land prior to the instant subdivision was divided into the Kansi District O or P on November 18, 2002, and the ownership was transferred to the owners of shares in the forest land prior to the instant subdivision. As seen above, the Defendant becomes a single owner of the forest land in Yongsan-si District C, and 4,083 square meters (hereinafter “instant forest land”).

2. On May 28, 2002, the Plaintiff’s summary of the Plaintiff’s assertion is as to the share of 1,273/4,083 out of the Defendant’s share in the forest before the instant partition through the preparation of the instant sales contract with I, who was the actual owner of the Defendant’s share, or with I, who represented the Defendant.