1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D is a person who registered the ownership of the instant real estate on April 9, 1925.

D A Around July 10, 1950, died and there was E as his inheritor.

E The heir died on August 7, 1995, and his heir is the head of the plaintiff et al.

B. Around August 1994, the Defendant was issued a certificate of guarantee that “from October 20, 1970 to October 20, 1970, the Plaintiff purchased the instant real estate from D (if the owner is different from the owner in the registry: A) and actually owns it at present.”

The defendant, on the basis of the above guarantee on December 16, 1994, is abbreviated to the "Special Measures Act on the Registration, etc. of Ownership of Real Estate" (Act No. 4502) No. 39755, Oct. 20, 1970, which was received through the Changwon District Court for sale and purchase of the real estate of this case, as the "Special Measures Act".

(B) the registration of ownership transfer was made by the Corporation. [Ground] without dispute, Gap 1-6 evidence (including paper numbers), the purport of the entire pleadings.

2. The gist of the Plaintiff’s assertion ① The Act on Special Measures for the Transfer of Ownership (No. 4502) applied to the instant real estate applies to the real estate for which the registration of ownership preservation was not made at the time of the enforcement of the Act. The instant real estate was already registered under D’s name, and thus, is not subject to the Act on Special Measures.

② Although D and the Plaintiff did not sell the instant real estate to the Defendant on October 20, 1970, the Defendant obtained a false certificate as if he purchased the instant real estate from D or Plaintiff and completed the registration of ownership transfer, the registration of ownership transfer in the name of the Defendant shall be cancelled.

3. Determination

A. According to Article 3 of the Act on Special Measures (Act No. 4502), real estate actually transferred due to a juristic act, such as sale, donation, exchange, etc. before December 31, 1985, and inherited real estate and registration of ownership preservation shall not be made.