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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) I shall be children of J (Death of 1948).
I died in around 1974, and there is K, Einnam L, Cinnam L, and Cinnam, the children of I died.
B. At the same time, H forest land 2,975 square meters (hereinafter “instant real estate”) was unregistered real estate owned by the J on the land cadastre.
However, on July 14, 1994, K obtained a guarantee from the guarantor M, N, andO to purchase the instant real estate on February 13, 1970, under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, hereinafter “Special Measures Act”), and registered the preservation of ownership as the Head of Changwon District Court Dao registry No. 19905.
C. K died on October 25, 1998, and his heir was the Defendant C and his wife, and there was Defendant B, D, E, F, and G.
On July 7, 200, Defendant B completed the registration of ownership transfer as the head of Changwon District District Office No. 19854 on the ground of inheritance due to consultation and division on October 25, 1998.
[Reasons for Recognition] The facts without dispute; Gap evidence 1-1-2, Gap evidence 2-1-3; the fact-finding with respect to the macro-market in this court; the purport of the whole pleadings
2. The assertion and judgment
A. The purport of the Plaintiff’s assertion is that the instant real estate was donated by the J, referring to I, and is, again, donated to the Plaintiff, Samnam.
Since K, however, has made a registration of preservation of ownership by using a false guarantee that K purchased it from Cho, Cho Jae-in, the father-in, and it should be cancelled by registering invalidation.
In addition, the registration of transfer of ownership in Defendant B, which was based on it, should also be cancelled.
B. The Plaintiff’s assertion on the judgment is based on the premise that the registration of ownership preservation in the name of K on the instant real estate is null and void, and thus, it is reasonable to view it as to it.
The registration completed in accordance with the Act on Special Measures is consistent with the substantive legal relationship.