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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
J completed the registration of ownership transfer on June 29, 1938 with respect to the land of 10,512 square meters (hereinafter “instant land”) of Asan-si I forest land in Busan-si, Daejeon District Court on June 29, 1938, No. 3225 of the receipt of June 29, 1938, and on June 9, 1938.
The Co-Defendant H of the first instance trial (hereinafter “H”) completed the registration of ownership transfer on the ground of donation by No. 50891, Aug. 28, 2006, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter “former Special Measures”).
The Defendant received the donation of the instant land from H on April 24, 2007, and completed the registration of ownership transfer as the receipt No. 22264 on May 3, 2007 by the same registry office.
J had six children, including the Defendant, who is the Republic of South, South, and North L, and his/her father, and died on November 24, 1978. H constitutes a son (i.e., the son of K), who is the south of K, and K died on August 13, 2004.
The plaintiffs inherited the property as L's wife and children on June 24, 2008.
[Based on the fact that there is no dispute, Gap 1 and 2 (including additional numbers), and J, the owner of the land of this case, died on November 24, 1978, the land was jointly inherited to children, such as K and L, and H completed the registration of ownership transfer by obtaining a false guarantee (hereinafter “the instant guarantee certificate”) as he/she received a donation of the entire land of this case from M as he/she independently.
Therefore, since the registration of ownership transfer in H’s name and the registration of ownership transfer in the name of the defendant based on H are all null and void, the plaintiffs, co-owners of the land in this case, who are the co-owners of the land in this case, shall acquire the ownership transfer registration in the name of the defendant except 1/14