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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the statements in Gap evidence 1, 2-1 to 3, 3-1 to 4-1, 2, 5-1 and 2:
F owned each land listed in the separate sheet.
B. The F died on May 23, 1984, and his heir G (spouse, spouse, 6/22 of the inheritance), Plaintiff A, B (son and wife without the same family register, 1/22 of the inheritance, each of the inheritance rights), Defendant (Family Inheritance, Inheritance, Inheritance 6/22 of the inheritance rights), Plaintiff C, D (son and wife within the same family register, 4/22 of the inheritance rights).
C. Under the former Act on Special Measures for the Registration, etc. of Ownership Transfer (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”), the Defendant completed the registration of ownership transfer for each land listed in the separate sheet No. 1 and No. 2 in the separate sheet No. 8974, Apr. 8, 1995, as to each land listed in the separate sheet No. 1 and No. 2 in the separate sheet No. 8974, May 23, 1984. The Defendant completed the registration of ownership transfer for the land listed in the separate sheet No. 16819, Jun. 14, 1995 as to the land listed in the separate sheet No. 16819, May 23, 1984.
(hereinafter “each of the instant registrations”) D.
G was deceased on May 2010, and there were the Plaintiffs and the Defendant (the respective inheritance portion 1/5) as their successors.
2. The parties' assertion
A. Among each land listed in the plaintiffs' final list of the plaintiffs' claims, the plaintiffs Gap and Eul are entitled to 11/10 shares (i.e., 1/226/2 x 1/5) x 1/10 shares (i.e., 4/22 x 6/22 x 1/5) , the plaintiff Eul and D are entitled to 26/110 shares (i.e., 4/22 x 1/5) , but each of the registration of transfer of each of the above lands that was completed in the defendant's future is null and void. Thus, the defendant is obligated to implement the registration of transfer of ownership for each of the above lands with respect to the plaintiff Gap and Eul 1/10 shares,
B. The Defendant’s instant lawsuit is a lawsuit claiming inheritance recovery.