1. The plaintiff's claim is dismissed.

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

Facts of recognition

Attached Form

Real estate No. 1 in the list (hereinafter referred to as “the forest land No. 1 in this case”) and No. 2 in the same list (hereinafter referred to as “the forest land No. 2 in this case”) were jointly assessed by C and D.

After that, the registration of ownership transfer was completed in the name of the plaintiff, G, and H on February 25, 1971 with respect to the forest land No. 1 in this case, and the registration of ownership transfer was completed in the name of the plaintiff, G, and H on July 15, 1981. As to the forest land No. 2 in this case, the registration of ownership transfer was completed in the name of the plaintiff, G, and H on September 24, 1970, and the ownership transfer was completed in the name of the plaintiff, G, and H on June 5, 1981.

On July 5, 1994, each forest of this case was completed in the name of the defendant clans in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter "Special Measures Act") with respect to the transfer of ownership of the forest of this case.

Each transfer registration of ownership of this case is completed according to the guarantor's letter of guarantee that the defendant clan guarantees that the defendant clan purchases forest land of this case on July 1, 1982 from the plaintiff, G, and H, and that it actually owns forest land of this case on January 11, 1982 and it is jointly and severally owned as of January 11, 1982.

[Ground of recognition] Facts without dispute, each entry of Gap's evidence Nos. 1 through 6 (including each number), and the purport of the whole pleadings as to the plaintiff's assertion of the parties to each forest of this case as to the plaintiff's assertion of the purport of the whole pleadings was examined jointly with D. Since the plaintiff's successor completed the registration of ownership transfer as to the 1/3 share of 1/3, the plaintiff is the owner of each forest of this case.

However, although the defendant clan did not have any substance, he has completed each of the registration of transfer of ownership of this case under the Act on Special Measures, since he obtained a false certificate of guarantee and a written confirmation that he purchased each of the forest of this case from the plaintiff, G and H.