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1. The part concerning defendant B among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is filed.
Reasons
1. Facts of recognition;
가. 안산시 단원구 E 임야 2,000㎡(이하 ‘이 사건 임야’라 한다) 중 별지 도면 표시 13, 14, 15, 16, 17, 13의 각 점을 차례로 연결한 선내 ㈎부분 78㎡는 망 F(이하 ‘망인’이라 한다)의 분묘 1기(이하 ‘이 사건 분묘’라 한다)의 기지(基地)로 사용되고 있는바[이하, 위 분묘를 ‘이 사건 분묘’라 하고, 위 ㈎부분 임야를 ‘이 사건 분묘 기지‘라 한다], 피고 B은 망인의 처이고, 피고 C, D은 각 망인의 동생이다.
B. The forest land of this case does not include the deceased’s No. 2 as the owner, but the reason for the registration of transfer of ownership as stated in the main text is “Inheritance on January 2, 1994,” and the deceased’s death date on January 2, 1994, etc., the forest land of this case can be confirmed by the deceased as the owner of the forest of this case. However, as the deceased died on January 2, 1994, the forest land of this case was registered by the mother of the deceased, G, and the ownership transfer registration of the deceased’s co-owner B as co-owner, and the ownership transfer registration of the above G was completed on October 7, 2004, and the ownership transfer registration was completed on June 7, 2007.
C. On July 31, 2007, Defendant D sold the instant forest land to the Plaintiff in KRW 250,000,000, and the payment of KRW 120,000 among them shall be substituted by the Plaintiff’s succession to the obligation of loans to the instant forest land. Defendant D and the Plaintiff agreed to substitute the instant grave by May 31, 2008.
(hereinafter “instant sales contract”). D.
The Plaintiff completed the payment of the purchase price pursuant to the instant sales contract, and completed the registration of transfer of ownership on May 31, 2010 with respect to the forest land of this case by the Suwon District Court No. 49171, however, Defendant D had the instant grave up to now.