1. As to Defendant B’s share of 12,467/57 out of the 1,854 square meters of C forest land in the course of selling to Defendant B.

1. Basic facts

A. Defendant B’s clan (hereinafter “Defendant clan”) completed the registration of initial ownership on May 18, 1970 as to D forest land 57,390 square meters (hereinafter “forest land before the instant division”) at the time of the strike before its division.

B. On April 11, 1973, Defendant Republic of Korea completed the registration of ownership transfer for reasons of partial sale on June 27, 1972 pursuant to the Act on Special Measures for Readjustment of Requisitioned Property (Act No. 2172) with respect to the portion of 12,467/57,390 out of the forest land before the instant subdivision.

C. Before the instant partition, forest land was divided several times thereafter, and on July 9, 2001, 1,854 square meters of the forest land was divided into C forest land in Pakistan-si (hereinafter “instant forest”). D.

On June 2, 2001, the Plaintiff agreed to purchase the forest land of this case from the representative E of the Defendant clan as follows.

(이하 ‘이 사건 매매’라 한다). ◎ 매매대금 : 36,465,000원, 계약시 일시불로 지급 ◎ 매도인은 매매대금의 잔금 수령과 동시에 매수인에게 소유권이전등기에 필요한 모든 서류를 교부하고 등기절차에 협력한다.

◎ 이 사건 임야는 도로로 사용코자 하는 것으로 이 사건 임야를 F 후손은 묘지 및 수종갱신사업 목적으로 사용할 수 있으며 타인에게 양도할 경우라도 본 사항을 인계하여야 한다

(e) matters of special agreement;

The Plaintiff paid the full purchase price to Defendant clan at the time of the conclusion of the instant sales contract.

[Grounds for recognition] Gap's evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Determination

A. The Act on Special Measures for the Adjustment of Requisitioned Property (Act No. 2172) stipulates that the nature of the Defendants’ sharing relationship shall be as follows.

Article 2 (Purchase of Requisitioned Property) (1) The State shall purchase the private property which the military needs to continue to use for military purposes out of the property requisitioned.

(2) The Minister of National Defense shall determine the requisitioned property to be purchased by the State.

Article 3 (Price of Property Subject to Requisition) (1) Price of property subject to requisition purchased by the State shall be determined.