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1. Of the instant lawsuit, the transfer of ownership against Defendant C claimed by the Plaintiff in subrogation of Defendants B, D, and E.
Reasons
1. Basic facts
A. 1) F is each forest land listed in the separate sheet on August 28, 1936 (hereinafter “each forest of this case”).
On August 25, 1936, G (6/13 equity) and H, I (2/13 equity equity), J,K, and L (1/13 equity equity equity) as the grandchildren of F completed the registration of ownership transfer for reasons of inheritance on January 19, 1977. G, I, J, K, and L (1/13 equity equity) completed the registration of ownership transfer for each forest of this case on July 27, 1968. On the same day, G completed the registration of ownership transfer for total 7/13 equity on January 19, 197.
3) After that, with respect to each of the instant forests and fields, M A, N on May 31, 197, Sep. 24, 197; M A, on October 26, 1978, and G again completed the registration of ownership transfer in order on July 13, 1990. (B) 8 persons, including the Plaintiff and Defendant C (hereinafter “eight persons, including the Plaintiff, etc.”) including the Plaintiff and the Defendant (hereinafter “Plaintiff, etc.”) were installed and managed graves in each of the instant forests and fields. Accordingly, G, who was the nominal owner on the register of each of the instant forests and fields, filed a lawsuit against eight persons, including the Plaintiff, etc. in the Changwon District Court, for the removal of graves and the delivery of the instant forests and fields.
2) In the foregoing case, the court dismissed the claim of G on July 20, 2016 on the ground that the acquisition by prescription of possession by O, the decedent of Defendant C, had been completed with the consent of Defendant C, and the remaining persons had dismissed the claim of G on July 20, 2016 (Seoul District Court Masan Branch 2014Da13917), and the appeal by G was dismissed on April 13, 2017 (Seoul District Court 2016Na5381), and the appeal by G was also dismissed on December 5, 2017 (Supreme Court 2017Da225749) (However, as G died during the course of the instant case, the court taken over the lawsuit by Defendant B, D, and E (hereinafter “Defendant B, etc.”).
C. On the other hand, Defendant C is each of the instant cases.