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1. Revocation of the first instance judgment.
2. The Plaintiff:
A. The defendant B is about 175 square meters of a cemetery E in South-Namnam-gun.
Reasons
1. Basic facts
A. The plaintiff is the deceased son of F, who is the largest son of I, and the defendant B is the deceased son of J, who is the son of I's ability.
(The plaintiff and the defendant B are the 9th-year relationship in which I is a joint group). (B)
F was assessed on September 20, 1914, by 175 square meters (hereinafter “instant land”). After I’s death, F installed I’s grave on the instant land.
C. Defendant B, around April 2007, moved I’s grave installed on the instant land into a family cemetery located in Gyeongnam-gun, Gyeongnam-gun.
Around December 10, 2007, Defendant B prepared a letter of guarantee with the same content as that stated in the attached Form (hereinafter “instant letter of guarantee”) from G, M, and N, a farmland member of the Republic of South and North Korea L, and submitted it to the head of South and North Gun to obtain a written confirmation under Article 10 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500 of May 26, 2005, hereinafter “Real Estate Special Measures Act”).
E. On May 27, 2008, Defendant B changed the name of the owner on the registry of the instant land on its own on the basis of the above confirmation, and completed the registration of ownership preservation under the Act on Special Measures for Real Estate (hereinafter “registration of ownership preservation”) by the Changwon District Court No. 11631, May 29, 2008, in its own name on the instant land.
F. On June 28, 2010, Defendant B sold the instant land at KRW 15.9 million to Defendant C and Defendant D, and Defendant C and Defendant D completed the ownership transfer registration based on the said sale (hereinafter “instant ownership transfer registration”) as the receipt No. 8051 on June 30, 2010 with respect to each of the instant land’s shares of KRW 1/2.
G. On the other hand, as the F died in around 1920, P, South Korea, inherited its property to Australia. P, as theO died on October 20, 1956, inherited its property to Australia. P, a child, Q and H, etc., died on November 30, 1961.