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1. The Defendants are with respect to the Plaintiff’s forest 6,942 square meters according to the share in the attached list.
Reasons
1. Basic facts
A. The Plaintiff purchased on December 10, 1973 and completed the registration of ownership transfer on March 19, 1983, the Plaintiff owned a forest of 6,942 square meters in Hongcheon-gun, Hongcheon-do (hereinafter “instant land”).
B. On March 5, 1974, on the ground of the contract to establish a superficies on the instant land on December 1, 1973, the establishment of superficies was registered in the name of J, which was 30 years from December 1, 1973, for the purpose of possession of forest trees, the duration of the superficies, and 30 years from December 1, 1973.
C. On February 5, 1925, J married with K (the death of March 9, 1949) and had L, Defendant H as his child, and L was dead on October 5, 1968 with wife C, children, Defendant D, and G, and the above M was dead on October 5, 1968. The above M was killed with Defendant E and F, who were children on March 5, 200, and eventually, the rights and obligations of J were inherited by the Defendants in proportion to the shares stated in the separate sheet.
[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings
2. According to the above facts, the registration of the creation of superficies under J’s name lost its effect on December 3, 2003, after 30 years from December 1, 1973, when the contract establishing a superficies, which served as the ground for its registration, was concluded as the expiration of the period.
Therefore, the defendants, the heir of J, are liable to cancel the registration of creation of superficies according to the inheritance share ratio.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.