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1. The defendant shall share 17/23 of each land indicated in the separate sheet to the plaintiff (appointed party) and the selected.
Reasons
1. Facts of recognition;
A. Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) was owned by the network C. On December 18, 1968, the said C succeeded jointly to the network D, the head of the household and the head of the household, the network E, the heir of Australia, G, the selected party A (hereinafter “Plaintiff”) to the Plaintiff, the other children, and the network H and network I (hereinafter “Plaintiff”).
B. On September 24, 1980, the network E obtained a false letter of guarantee and a written confirmation that he/she purchased each of the above lands from the network C or the network J, which is the part of the network. On September 24, 1980, the network E completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”) on the ground of sale as of February 15, 1968 in the name of the above E.
C. Accordingly, other co-inheritors, including the Plaintiff, filed a lawsuit against the deceased E seeking the cancellation of ownership transfer registration (hereinafter “instant cancellation lawsuit”) with respect to the shares exceeding 17/23 of the inheritance shares of the deceased E (6/23) by the Jeonju District Court of 90Da9010, and on November 15, 1990, the above court rendered a favorable judgment against the other co-inheritors, including the Plaintiff, that “The deceased E shall implement the procedure for cancellation of ownership transfer registration with respect to the shares of 17/23 of the land out of the nine parcels of land outside the instant land, and the above judgment became final and conclusive around December 9, 190.
However, while other co-inheritors, such as the Plaintiff, etc., did not register the cancellation of ownership transfer registration as to the share of 17/23 of each land of this case based on the above final judgment, the network E completed the registration of ownership transfer for each land of this case to the Defendant, who is his spouse, as the former District Court Kim Jong-dong Office, No. 32319, Dec. 29, 2005.
E. Meanwhile, the network D.