1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a clan that consists of descendants of the AGm 19 years old, “AH (the birth in 1824, the death in 1876)” as a joint vessel and its descendants.

B. The forest of this case was the land of the Plaintiff’s 21 years of age in the Plaintiff’s clan on January 1, 1917 (six years of religion). As the Plaintiff’s deceased on August 11, 1950, the Plaintiff’s deceased deceased on or around August 11, 1950 succeeded to Australia by his deceased AJ (22 years of age). On May 21, 1964, the ownership transfer registration in the name of AJ was completed.

C. AJ died on February 19, 1979, and on September 21, 2015, on the instant forest land, the registration of ownership transfer was completed on the ground of inheritance on February 19, 1979 by the deceased co-defendant B, etc., or by the deceased co-defendant B, etc., or by their inheritors on September 21, 2015.

On September 2015, Co-Defendant B (the son of the deceased AJ) of the first instance trial was delegated with the authority of all disposal from AB, AC, AD, and AE (hereinafter “AB, etc.”), his mother and sibling, and sold for KRW 30 million the inheritance shares of himself and the above AB, etc. among the forest land in this case, and upon designation of AK, the registration of transfer of shares was completed in the future of Defendant Y (B and AB, AC, and AD shares) as the wife of AK.

【In the absence of dispute, the grounds for recognition, Gap's 1 through 4, 9, 10 evidence, Eul's 1 (including additional numbers), the results of each personal examination of the plaintiff representative of the first instance court and co-defendant A of the first instance court, part of Gap's witness AK's testimony of the first instance court, response to an order to submit financial transaction information to the new bank of the first instance court, and the purport of all pleadings, as a whole.

2. The parties' assertion

A. The co-defendant B of the first instance court knew that the Plaintiff clan had a right to claim ownership transfer registration against the deceased AJ’s heir, but sold the shares of the Plaintiff, AB, etc. to AK, thereby causing damage to the Plaintiff clan’s failure to perform its duty of ownership transfer registration.

This constitutes a tort against the plaintiff, and AK requests the co-defendant B of the first instance trial to sell it first.