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1. The plaintiffs' primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. G married with H and generated the Plaintiffs, Defendants, and I between them. On October 13, 1998, G died.
Defendant E is the husband of Defendant D.
B. As to the forest land of this case, the transfer of ownership was completed in the name of J on May 15, 1995, and on August 11, 2006, the transfer of shares was completed in 1/3 shares against the Defendants on the ground of donation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. The Plaintiffs asserts to the effect that the judgment of the primary claim is primarily the real estate that G has been placed in title trust with J. Since the instant forest is real estate that has been placed in title trust with the Defendants for the purpose of the disposal of inherited property among their successors after G’s death, the Defendants’ termination of a title trust agreement with the Defendants and seeking restitution of inherited shares.
However, even if the forest land of this case was trusted to the Defendants as alleged by the Plaintiffs, the title trust agreement on real estate and any change in real rights pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name are null and void. Thus, the title trust agreement on real estate cannot be terminated, and it cannot be claimed for the restoration of the real estate name
The plaintiffs' primary claim cannot be accepted by itself.
3. The Plaintiffs asserts that the Defendants sought the return of the instant forest land ownership, which is G’s inherited property, because they infringed on the Plaintiffs’ legal reserve of inheritance.
However, according to the evidence No. 2, the plaintiffs reported the waiver of G's property inheritance and the Busan District Court accepted the judgment on January 11, 1999.
Legal reserve of inheritance is based on the premise of the inheritance, and if a legal return of renunciation of inheritance is filed within a certain period after the inheritance commenced, the right to claim the return of legal reserve of the person who renounced.