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1. The defendant's appeal is dismissed.
2. The defendant's total costs incurred between the plaintiff and the defendant after the appeal.
Reasons
1. Scope of trial of this court after remand;
A. The Plaintiff sought against the Defendant and the co-defendant A of the first instance trial for the implementation of the procedure for the registration of ownership transfer based on the restoration of real name with respect to each of the pertinent shares out of the area of 1,078 square meters for each of the relevant shares, Cheongdo-gun, Cheongdo-gun, Cheongbuk-do-gun, and the court of first instance rendered a judgment accepting all the Plaintiff’s claims
Accordingly, the defendant and the co-defendant A appealed from the court of first instance, and on June 27, 2018, the trial prior to the remand rendered a judgment dismissing all appeals filed by the defendant and the co-defendant A of the court of first instance.
Accordingly, the defendant and the co-defendant A appealed on November 9, 2018, and the Supreme Court reversed only the part of the defendant's judgment prior to the remanding on November 9, 2018, and sentenced that they dismissed the appeal by the co-defendant A of the first instance trial.
B. Accordingly, the part on the claim against Co-Defendant A of the first instance judgment prior to remand became final and conclusive. Accordingly, the subject of the judgment of this court after remand is limited to the claim against the defendant.
2. Basic facts
A. On January 10, 1919, Japan was under the circumstances of the D Cemetery 5,950 square meters (hereinafter “the real estate before the instant subdivision”) of the Cheongdo-gun, Cheongdo-gun, Chungcheongnam-do (hereinafter “the real estate before the instant subdivision”).
On June 15, 1994, the F cemetery 1,994 square meters on June 15, 1994, G cemetery 373 square meters on August 11, 1997, H cemetery 351 square meters, C cemetery 1,151 square meters on November 17, 1997, and 446 square meters on the I cemetery were divided, respectively.
B. On October 25, 1959, L, a representative of K company, completed the registration of ownership transfer on June 24, 1993 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on the ground that the real estate prior to the instant subdivision was purchased from E on October 25, 1959, and completed the registration of ownership transfer on the ground that it was donated to K company on July 16, 1993.
After the above donation, the above provision is applicable to the real estate before the division of this case.
The share of 192/3956 out of the remaining share of 1/2 after the division of each land after the division is made.