1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. Facts 1) The Plaintiff’s father, the father of the Plaintiff’s MaD (Death on October 25, 2004) and the deceased E (Death on September 5, 1993, hereinafter “the deceased”).

D) Around November 22, 1975, part of the F Cemetery of 410 square meters in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun (hereinafter “exchangeed land”) is an exchangeed land.

A) Of the 415 square meters of land owned by the deceased and C, 213 square meters of land owned by the deceased (hereinafter “instant land”).

2) The Plaintiff agreed to exchange each other (hereinafter “instant exchange agreement”).

(2) Although the network D cultivated the instant land from around 1975 to October 2003, it did not complete the registration of ownership transfer with respect to the instant land.

Since then, as the network D died, the Plaintiff independently succeeded to the right to claim for the transfer registration of ownership of the instant land against the deceased’s inheritors.

3) Around March 5, 1989, G, the Defendant’s spouse, submitted a written confirmation that the Defendant actually purchased the instant land from the Deceased and actually owned it, and a guarantee of farmland members to that effect, and around March 14, 2007, around March 14, 2007, it is limited to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

(4) On the other hand, G was convicted on the grounds that the aforementioned confirmation document and guarantee document were false (Supreme Court Decision 2011No120 Decided December 7, 201), and the Defendant appealed against it and appealed by Supreme Court Decision 201Do17467, but the Supreme Court dismissed the appeal on April 26, 2012, and the judgment became final and conclusive.

According to the judgment, G purchased the instant land from the deceased as well as the family members of the deceased. ② G paid the deceased’s land price of KRW 2,00,000 to G was excessively high compared to the officially announced land price at the time, and there was no special circumstance to purchase the said land at a high price from the deceased who was the third village, and ③ network D.