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1. The judgment of the court of first instance is modified as follows.
The plaintiff's primary claim against the defendant B is dismissed.
(b).
Reasons
1. Presumed factual basis / [Evidence] Gap evidence Nos. 1, 2, and 3 (hereinafter referred to as "branch number includes a unit number);
A. The plaintiff is a clan of Korea (or J) that is the 11th member of I, and the defendant B is the plaintiff's clan member.
B. The registration of transfer of ownership of T, U, S 1/3 shares was completed on December 3, 1976 with respect to the real estate listed in the attached list Nos. 1, 2, and 4 on December 10, 1976. Of them, the registration of transfer in the name of Defendant B was completed on May 30, 2008 due to inheritance (the date of August 20, 1982).
C. The registration of transfer of ownership of 1/3 shares in S, T, U on January 18, 1978 with respect to 3 real estate listed in the separate sheet No. 1 list was completed on the ground of sale on January 24, 1978. Of them, the registration of transfer in the name of Defendant B was completed on May 30, 2008 on the share of S (as of August 20, 1982).
Attached Form
The registration of ownership transfer of V and W 1/2 shares was completed on May 5, 1924 with respect to the real estate listed in the list 5, 8, and 14 on May 5, 1924. Among them, the registration of transfer under the name of the defendant B arising from the inheritance (as of April 22, 1978) on May 28, 2008, and the registration of transfer under the name of X arising from the inheritance (as of August 3, 1986) on the portion of V was completed on May 28, 2008.
E. The registration of ownership transfer was completed on December 11, 1967 with respect to the 6 real estate listed in the attached list No. 1 list. The registration of ownership transfer was completed on October 5, 2008 with respect to the 1/2 share, and the registration of transfer was completed on October 28, 2008 in the name of the defendant B, which was based on the inheritance (as of August 20, 1982) on May 28, 2008 with respect to the 1/2 share of the remainder of S.
F. The registration of ownership transfer of Y and S 1/2 shares was completed on December 11, 1967 with respect to 7 real estate listed in the separate sheet No. 1 list, and the registration of ownership transfer was made on May 28, 2008 (the date of August 20, 1982).