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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) Party C and the Defendant’s inheritance relationship are the deceased’s relatives, and the Plaintiff is the Plaintiff’s adoptee’s adoptee’s adoptee’s adoptee’s bilateral entry as of December 27, 1968. The deceased on December 19, 1985, and the deceased’s heir, and the Plaintiff and the Defendant died on March 17, 1986, and the Plaintiff and the Defendant received the Defendant’s inheritance. (2) The deceased on March 17, 1986, there was 17 lots including the real estate indicated in the separate sheet at the time of the death. The Defendant solely registered 11/65 of the Defendant’s share as of December 17, 198, including the real estate listed in the separate sheet as of February 6, 2015.) However, the registration of this case should be transferred to the Plaintiff as the cause of invalidation.
The plaintiff is the heir of the family head of the deceased C.
Before the amendment of the Civil Code in 1990, the Family Head of Australia's heir provides that the ownership of the protected forest land within the scope of one information belonging to the grave, the farmland of not more than 600 square meters, the farmland of not more than 600 square meters, the family head of family shall not be included
On the other hand, with regard to the scope of tombstones, the Supreme Court held that “the scope of tombstones belonging to graves as stipulated in Article 996 of the former Civil Act (amended by Act No. 4199 of Jan. 13, 1990) shall not refer to farmland of not more than 600 square meters on the basis of family heir (in cases where the amended Civil Act applies, the person who was expelled), but shall be determined on the basis of not more than 60 square meters on each grave subject to service (in cases where the amended Civil Act applies),” respectively.
C) Each real estate listed in the separate sheet 1 through 3 is a gold forest, and each real estate listed in the separate sheet 4 through 5 is farmland which is a grave. Meanwhile, there are at least 10 mallebs for net C, won, and the Defendant in the aforesaid gold-sea forest. In the case of one real estate listed in the separate sheet 1, the area of the real estate exceeds 1 information (917.4m2).
Within one information from among the spawal forest land.