1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 21, 1983, the Plaintiff entered into an agreement with D and D to sell the remaining land excluding 27 square meters where the Plaintiff’s father’s graveyard was installed in the 927 square meters (3,064 square meters (hereinafter “Eri”) before the end of the Fri-gun, Chungcheongnam-gun (hereinafter “Eri”).

(hereinafter “instant sales contract”). However, on May 24, 1983, the Plaintiff completed the registration of ownership transfer for “total” of the land before subdivision to G, who is a child of D.

B. On November 8, 2001, G was divided into two thousand nine hundred thousand square meters before F (hereinafter “sub-divided land”) and eight-nine square meters before C with the Plaintiff’s father’s graveyard installed (hereinafter “instant land”).

C. On July 10, 2012, G sold to the Defendant the entire land and the instant land after division, and completed the registration of ownership transfer on July 11, 2012.

After the Defendant purchased the instant land, the Plaintiff buried the father’s tomb installed within the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. As to the land of this case falling under the Plaintiff’s father’s funeral portion, the instant sales contract was concluded between the Plaintiff and D, registration in the name of G on the land of this case is null and void, and registration in the name of the Defendant as to the land of this case, which was based on the registration, is also null and void.

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer based on the restoration of real name.

B. Although the instant sales contract was not concluded between the Plaintiff and D as to the Plaintiff’s father’s funeral portion, the Plaintiff may register only the registered title to G with the intent to trust only the registered title to G with the intent to divide the entire land before division. Therefore, the registration of the Plaintiff’s father’s funeral portion in the G pertaining to the instant land corresponding to the Plaintiff’s father’s funeral portion.