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1. The judgment of the first instance is revoked, and all plaintiffs' claims are dismissed.
2. The total cost of the lawsuit is resulting from the supplementary participation.
Reasons
1. Basic facts
A. 4,316 square meters of the G Forest in Gangnam-gun G G (hereinafter “forest before division”) was the land under the circumstances of the network H at the time of the Japanese occupation, and as the network H died on July 14, 1941, the Doz, who was the south of the land, was inherited by Doz.
B. Defendant C, Defendant D, and the Network J, which became separate and conclusive, completed the registration of Gangnam District Court Branch under the former Act on Special Measures for the Transfer, etc. of Real Estate Ownership (Act No. 3562, Apr. 3, 1982; hereinafter “Special Measures Act”), and the registration of preservation of ownership (hereinafter “registration of preservation of this case”) by receipt No. 11197, Jun. 17, 1985.
(A) A letter of guarantee or confirmation, which forms the basis of the preservation registration of this case, is not preserved at present, and its details cannot be confirmed.
Since then, the deceased J died on May 12, 2004, the defendant Eul completed the registration of 1/3 shares of 1/3 shares of forest land before division and the registration of share transfer due to inheritance due to consultation and division No. 45509 on December 27, 2004 (hereinafter “the registration of share transfer”).
On the other hand, the plaintiffs are children of the deceased I (Death around 1945) and their final co-inheritors.
(The shares in inheritance shall be one-half). 【No dispute exists concerning the ground for recognition, Gap's evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings.
2. Summary of the parties’ assertion
A. The Plaintiffs are co-owners who jointly inherited 1,868 square meters of forest land in Gangnam-si, which is divided into the forest land before the division (hereinafter “instant real estate”). Although the instant real estate was not transferred by O, the said C, etc. did not prepare a false certificate and completed the preservation registration of the instant real estate, the registration of preservation of the instant real estate and the transfer of ownership should be cancelled in entirety as the cause thereof is invalid.
In addition, the instant real estate is not a land owned by the clan of the Defendant joining the Defendant (hereinafter “instant clan”).