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1. Defendant H was on the ground of donation on April 1, 1960 with respect to the Plaintiff’s share of 4/99 out of the 5th 1st 1st Y forest in Chungcheongnam-si, Chungcheongnam-si.
Reasons
1. Basic facts
A. On March 5, 1964, K (hereinafter “instant land before the instant partition”) was divided into L 1,5,700 L 1,00 and the land 1 in this case at the time of Chungcheongju (hereinafter “instant land”). The land 1 in this case was converted into the land cadastre of the administrative agency, which became the registration conversion, and was converted into the land cadastre of the administrative agency, 5,098 square meters before Chungcheongnam-si.
B. Since then, the land No. 2 was owned by the Plaintiff and the Defendants’ father or the Defendant’s father (hereinafter “the Plaintiff”). As to the land No. 2 of this case on December 11, 1971, the ownership transfer registration was completed in the Plaintiff’s name on the grounds of sale as of April 11, 1960. As to the land No. 1 of this case, the ownership transfer registration is completed in the name of the deceased on November 4, 1947.
C. On December 2, 1962, the deceased who was or was the owner of the instant land Nos. 1 and 2. The deceased died, and the final inheritance shares of the Plaintiff and the Defendants, the legal heir of the deceased following the death, are as shown in the attached inheritance shares.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment as to the main claim
A. On April 1, 1960, the deceased’s summary of the Plaintiff’s assertion donated the land Nos. 1 and 2 of this case to the Plaintiff, a funeral for the deceased’s own funeral, and the land No. 1 of this case remains in the name of the deceased without being transferred to the Plaintiff due to the omission of the registration of transfer of ownership in the name of the Plaintiff. As such, the Defendants, a legal heir of the deceased, are liable to implement the registration procedure for transfer of ownership based on the gift of each of the relevant shares listed in the attached inheritance shares among the land No. 1 of this case
B. The judgment of the claim against Defendant B, C, D, E, F, G, and I was made, and ① the donation contract on the land of this case was made between the deceased and the Plaintiff.