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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance (1. recognized facts). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. In around 1974, the network E sold to H a part of “(3,00 square meters; hereinafter “the instant dispute land”) 9,917 square meters in the ship connecting each point of the F Forest No. 8,9,10,11,12,13, 14, and 8, in sequence, among F Forest No. 8,9,10,000, and H again sold the instant dispute land to the Defendants.
However, H completed the preservation registration of this case on the forest land of this case, which is not the land in the dispute of this case, by mistake. The Defendants also purchased the land in the dispute of this case, but completed the registration of transfer of this case on the forest land of this case, the preservation registration of which H completed.
However, the land actually possessed by the Defendants is the land in this case.
B. From September 6, 1979 upon completion of the preservation registration of the forest of this case, H died while occupying the forest of this case in a peaceful and performing manner with the intent of possession as to the forest of this case. The acquisition by prescription was completed on September 6, 1999 after the lapse of 20 years from the date the Plaintiff succeeded to the possession of the forest of this case as the heir of the network E and continued possession of the forest of this case by succeeding to the possession of the forest of this case.
Therefore, the Plaintiff seeks the Defendants to implement the registration procedure for transfer of ownership based on the completion of the statute of limitations for the acquisition of possession of the forest of this case on the above date.
(State) Any claim. (c)
Since the land sold to H by the network E is the land in the instant dispute, the registration of the preservation of the instant forest, which was completed by mistake, is invalid for the cause thereof, and the registration of the transfer in the name of the Defendants, which is based on such registration, is also null and void.
Therefore, the Plaintiff, as the owner of the instant forest, seeks the Defendants to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to the instant forest land.
(Preliminary Grounds for Claim). 3. Determination