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1. The plaintiff A's lawsuit against the defendant C and the Na Na Ma-Ma-Man Woo shall be dismissed, respectively;
2. For the plaintiff B:
A. Defendant C.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) in the Defendant C’s ownership transfer registration was owned by D.
Doll D died on March 25, 1952, and E, his children, succeeded to D’s property solely, and the registration of inheritance was not completed regarding the instant real estate.
Consolidatedly, on November 9, 1963, Defendant C, his South-North Korea, succeeded to the E’s property at the ratio of 3/7 shares, 2/7 shares, and 2/7 shares of Plaintiff A, his South-North Korea, and 3-North Korea, respectively.
x) Defendant C completed the registration of ownership transfer on the instant real estate by means of sale on October 30, 1970, No. 7665, which was received on October 30, 1970.
(v)On the other hand, on February 29, 2008, the F, a third-nam of E, died, and the Plaintiff B inherited the F’s property solely.
B. On July 3, 2008, Defendant Korea Electric Power Corporation registered the creation of superficies of the Defendant Korea Electric Power Corporation completed the registration of creation of superficies by the Busan District Court No. 37258 on the instant real estate and the registration of creation of divided superficies by the receipt of the registry office of the same day.
C. (i) Plaintiff A and Defendant C filed a lawsuit against Defendant C on the claim for cancellation of ownership transfer registration, such as the Seoul Central District Court Decision 2008Da3046555, and the cancellation of collateral mortgage, and the Plaintiff filed a lawsuit against Defendant C on the ground that “The registration of ownership transfer in the name of Defendant C as to the share of 2/7 of the Plaintiff’s inheritance shares out of the instant real estate is invalid.” As such, the Plaintiff filed a claim for cancellation of ownership transfer registration in the name of Defendant C as to the share of 2/7 of the Plaintiff’s inheritance shares out of the instant real estate on the ground that “the registration of ownership transfer in the name of Defendant C is invalid.” On November 4, 2009, the above part of the claim from the above court is related.