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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.
Reasons
1. Basic facts
A. The ownership of the land before subdivision is 1) The network D (hereinafter “the network”).
(3) On April 17, 1928, the 3,478 Suung-gun E (hereinafter “instant land before the instant partition”) is the land before the instant partition.
(2) On December 23, 1964, B, a co-defendant of the first instance trial, completed the registration of ownership transfer based on sale on December 3, 1950, with respect to the 300/3478 shares out of the land before the instant partition.
3) On May 18, 1965, the Defendant completed the registration of ownership transfer based on sale and purchase as of December 30, 1952 with respect to the portion of 1800/3478 out of the land before the instant partition. 4) The Deceased died thereafter, and on December 29, 1967, O, P, Q, and R as their inheritors, completed the registration of ownership transfer according to each inheritance share ratio on September 1, 1965 with respect to the portion of 1378/3478 out of the land before the instant partition.
S is transferred from the above inheritors on December 23, 1967 and completed the registration of ownership transfer with respect to the above 1378/3478 shares out of the land before the partition of this case on December 29, 1967.
B. 1) On August 26, 1981, the land prior to the instant subdivision was divided into Geumne-gun E 3,219 and F 259 square meters. 2) G completed the registration of transfer of ownership due to the sale on March 6, 1974, with respect to the whole 259 square meters of Geumne-gun Fung-gun on August 26, 1981.
3) On May 28, 1985, the Plaintiff completed the registration of ownership transfer for the shares of 1378/3478 (S owned shares) from 3,219 to 13,00 m3,000 m3,000 on December 3, 1974. 4) on July 14, 1988, 3,219 m3,000 m3,018 m3,018 m3,018 m3,000 m3,000 m2,542 m2,000 m2,00 m3,000 m3,00 m3,000 m3,000 m3,00 m20 m2,00 m2,00 m270 m2,00 m3,00 m270 m2.
5) On June 26, 1995, the Defendant traded shares of 1678/3478 square meters in Kimcheon-si, Kimcheon-si, H 3,018 square meters (i.e., the Plaintiff’s share B owned by 1378/3478, Oct. 30, 1985 as to the share of 300/3478 square meters owned by the Plaintiff.