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1. The plaintiff's main claim is dismissed.
2. The defendant shall make the plaintiff's answer C 492 written complaint and claim the plaintiff.
Reasons
1. Basic facts
A. The answer 885 square meters (hereinafter “the land before the instant replotting”) was owned by E. The F completed the registration of ownership transfer for reasons of sale on July 5, 1953 with respect to the 500/885 shares out of the above land on March 18, 1965.
On the other hand, the defendant completed the registration of ownership transfer on July 5, 1953 with respect to the remaining 385/85 shares out of the land before the land substitution of this case on June 25, 1965.
[each of the above registrations was completed in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of General Farmland (Act No. 1657)].
On December 31, 1969, the land prior to the instant land substitution was respectively substituted with C 492 square meters (hereinafter “instant land”) and G 445 square meters (hereinafter “instant G land”). As to the land prior to the instant land substitution, the said land was the same as that prior to the instant land substitution.
As stated in paragraph (1), the registered matters and equity relationship as to the land in this case and the G land in this case were transferred to each register (No. 4-1, No. 5-1, No. 5-1).
C. H completed the registration of ownership transfer based on sale on January 8, 1965 with respect to the entire G land of this case on September 15, 1979.
[The above registration was completed in accordance with Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094)]. D.
The Plaintiff, as one of the heirs of F, succeeded to F’s rights and obligations relating to F’s share of 500/885 out of the instant land by an agreement division as of July 18, 2015. On December 22, 2015, the Plaintiff completed the registration of ownership transfer on the ground of the said agreement division with respect to the said share of land registered in F’s name.
On May 29, 2018, see the Plaintiff’s reference documents, and F’s inheritors agreed on the division of inherited property to the Plaintiff’s sole inheritance of the remainder of 385/885 shares out of the instant C land on August 2018.
[Reasons for Recognition] Unsatisfy, Gap's statements (including additional numbers) in Gap's 1 to 6, 11 to 17, the purport of the whole pleadings
2. The plaintiff.