1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. After the death of the plaintiff, the defendant, the father of C, and the father of D around March 2003, the registration of transfer was completed due to the consultation and division of inherited property regarding D-owned real estate as follows.

① On June 2, 2005, the registration of ownership transfer was completed on June 2, 2005 with respect to the 1,013 square meters of land E miscellaneous land in Seongbuk-gun, Seongbuk-do, and the name of the Plaintiff and the Defendant respectively, and the registration of ownership transfer was completed in C’s sole name on July 20, 2005.

② On June 2, 2005, on June 2, 2005, the registration of transfer of 1/2 shares was completed in the Plaintiff and the Defendant respectively.

③ On June 2, 2005, the registration of ownership transfer was completed in the name of the Plaintiff and the Defendant respectively on the grounds of the exchange on July 20, 2005 with respect to H forest land 2,151 square meters (hereinafter “the instant forest”).

B. After that, on October 9, 2006, among the forest land in the instant case, 389 square meters was divided into Ganju-gun, Chungcheongnam-do. The Sung-gun Office: (a) around October 2010, imposed a plan to incorporate 442 square meters out of the forest land in the instant case into a road site; (b) the Plaintiff requested the Sung-Gun Office to reduce the area to be incorporated into a road site; (c) the Sung-Gun Office, upon acceptance of the said request, shall include only 251 square meters out of 442 square meters into a road site; and (d) on December 27, 2012, divided 442 square meters out of the instant forest land into K as of December 27, 2012.

After that, J 191 square meters (=41 square meters - 251 square meters) was combined with the instant forest on January 30, 2013, and the area of the instant forest was 1,511 square meters.

C. On the other hand, on July 2, 2015, the Defendant sold 1/2 shares out of the instant forest to C in KRW 22,80,000 and completed the registration of transfer of shares in C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion will reduce the area to be incorporated into the road site to the defendant, which is compensation for land to be incorporated into the road site.