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1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant) at KRW 62,208,056.
Reasons
1. Basic facts
A. Defendant clan is a clan created naturally among its descendants by setting up I as a mid-time group for the purpose of the maintenance and management of the tombstones, the clans for the purpose of the preservation and management of the clans property, and the clans for the purpose of the relaxation among the members of the clans.
B. On October 30, 1912, the land of this case was assessed under the name of the deceasedJ as of October 30, 1912. On February 24, 1950, the J died and solely inherited his/her own property, and on March 15, 1980, K died on August 15, 198, and on March 8, 198, K deceased on his/her son M (the deceased on November 20, 1978), his/her son (the deceased on November 20, 197), N,O, P (2 South), and R jointly inherited his/her property.
C. Accordingly, in the name of E, F, Q, H, and G with respect to each of the instant shares of 10/130 of the instant shares in the name of E, F, Q, H, and G as to each of the instant shares on July 21, 198, the registration of ownership transfer was completed in the name of R with respect to each of the shares of 12/130 each of the instant shares in the name of the Plaintiff, N, and P with respect to each of the shares of 12/130 in the name of the Plaintiff, N, and with respect to each of the shares of 8/130 in the name of P, each of which was completed in the name of P, and with respect to each of the respective shares of E, F, Q, H, G, and R (total 90/130) on the same day.
(hereinafter referred to as “Plaintiff, etc.” and the registration of transfer of ownership under the above Plaintiff’s name is referred to as “registration of transfer of ownership”.
Defendant clan filed a suit against Plaintiff et al. for the cancellation of the above share transfer registration (hereinafter referred to as “transfer suit”) on the ground that the ownership transfer registration for each share of the pertinent land was null and void on the ground that the ownership transfer registration for each share of the instant land was based on the preliminary claim for the acquisition of prescription against the Plaintiff et al., as the primary claim for the purchase of the instant land from Cheongju District Court 98Da21366.
E. The court of the first instance of the lawsuit above is the defendant's clan.