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1. Revocation of a judgment of the first instance;
2. The defendant is the plaintiff (appointed party) and the appointed party, Kimcheon-si C Forest land 6.
Reasons
1. Basic facts
A. On October 30, 1917, the network D was subject to the assessment of 6,347 square meters of the C Forest in Kimcheon-si (hereinafter “instant forest”).
B. The deceased on November 25, 1951 (the deceased on November 20, 1951, the deceased on November 20, 1951, the deceased on November 20, 1951, the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on
C. The net F had children net AG, net AH, Y, Z, Z, and AA between the wife AF and the wife. The network H was deceased on May 8, 198; the networkF on June 17, 2008; the network F on September 16, 2008; the network AF on September 16, 2008; the network AG on January 30, 2014.
The heir of the network AG has the wife T and children (designated parties, hereinafter referred to as the “Plaintiffs”), U, V, W, and X, and the heir of the network AH has the wife AB and AC, AD, AE, and AE.
E. Around December 194, the Defendant applied for issuance of a certificate to register the preservation of ownership on the ground that the forest of this case was sold and purchased from the network D on August 15, 1980, and Nonparty G, H and I affixed their signatures and seals on the certificate as each guarantor.
F. The defendant's registration of preservation of ownership under the old Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter "former Act on Special Measures") with respect to the forest of this case using the above guarantee as the Daegu District Court No. 8282, Mar. 21, 1995, "the registration of preservation of ownership" is "registration of preservation of ownership".
(C) complete the proceedings. [Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 9 (hereinafter referred to as "branch number") and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s forest land in this case is the land jointly inherited by the Plaintiff and the designated parties through E and F due to the circumstances in the name of the network D, and there was no donation to D or his heir in Kimcheon-si Lri Village.
Although the Defendant did not purchase the forest of this case, it completed registration of preservation of ownership under the former Act on Special Measures by false letter of guarantee. Therefore, the Plaintiff, as a co-inheritors of the deceased F, is the true owner of the forest of this case.