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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Facts of recognition;
A. On May 5, 1971, D completed the registration of ownership transfer with respect to C forest land 364 square meters (hereinafter “the instant forest”). On March 27, 1979, D completed the registration of ownership transfer with respect to D’s children E on the ground of trade reservation with respect to the instant forest land (hereinafter “sale reservation”). On March 21, 1979, D completed the registration of ownership transfer claim provisional registration (hereinafter “the instant provisional registration”).
B. After D’s death on May 6, 1994, E completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) with respect to the forest of this case on the grounds of inheritance on February 4, 1982 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”)
C. After that, the instant forest was transferred in order to H on January 22, 2015 due to the sale and purchase as of March 7, 1997, to F on April 18, 2003, to G on April 26, 2003, and to H on January 22, 2015 due to the sale and purchase as of January 20, 2015.
In addition, on December 23, 2010, with respect to the forest land of this case, the registration of creation of a superficies with the duration of 30 years on December 24, 2010 (JJssss) was completed, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The plaintiff (appointed party)'s assertion and judgment
A. If the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiffs”) who are co-inheritors of Plaintiff E (Appointed Party’s death June 29, 1998) (hereinafter referred to as “the Plaintiffs”) are not paid the amount equivalent to the agreed damages amounting to KRW 950,000,000,000 from the instant trade reservation until June 21, 1979, the next day without a separate resolution of completion of the trade reservation.