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1. The plaintiff's action against the defendant B and E shall be dismissed.
2. The plaintiff's claim against the defendant C and D is dismissed.
3...
Reasons
1. Facts of recognition;
A. The net G purchased the instant forest land from H around April 5, 1963.
B. On November 5, 1963, I, the deceased J, the plaintiff, and the deceased K (B), who are children of the network G, completed the registration of ownership transfer on April 5, 1963 with respect to each of 1/4 shares of the forest of this case among the forest of this case.
C. The net G died on August 24, 1969.
On November 26, 1980, the deceased J completed the registration of ownership transfer due to sale on June 10, 1971 (hereinafter “the first registration”) in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”).
E. The deceased J died on September 8, 201, and the heir was Defendant B (the heir 3/9), Defendant C, D, and E (the heir 2/9) who is a child.
F. On September 14, 2012, Defendant C and D completed the ownership transfer registration on September 8, 201 due to inheritance due to the consultation and division on September 8, 2011 (hereinafter “the second registration”).
[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, 4, 5, Eul's 1, 2, and 2, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is the owner of 1/4 shares out of the instant forest land.
However, since the deceased J completed the first registration of this case in accordance with the Act on Special Measures based on a false letter of guarantee and a written confirmation, all of the registrations and the second registrations of this case are null and void.
Therefore, Defendant C and D are obligated to cancel the shares of 1/8 (the shares of the above Defendant 1/2 x the Plaintiff 1/4 x the Plaintiff’s shares), and the shares of 1/12 (the shares of the above Defendant 3/9 x the Plaintiff’s shares 1/4 x the Plaintiff’s shares) of the first registration of the instant case, and Defendant C, D, and E are obligated to cancel the shares of 1/18 (the shares of the above Defendant 2/9 x the Plaintiff’s shares 1/4) of the first registration of the instant case.
3. Determination as to claims against Defendant B and E
A. According to Article 1015 of the Civil Act, division of inherited property is retroactive to the time of commencement of the inheritance.