1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. 10,612 square meters of a forest D (hereinafter “the instant forest”) in Yannam-gun, Yannam-gun (hereinafter “the instant forest”) was originally owned by E.

B. B purchased the forest land of this case from E on November 5, 1987 in KRW 250,000, and filed a complaint against E with the Gwangju District Court as 88Da105, and between B and E on March 23, 1988, “E shall implement the procedure for the registration of ownership transfer for the forest land of this case to B on November 5, 1987” is deemed to be “the filing of the suit of this case” under the telephone stating that “E shall take the procedure for the registration of ownership transfer for the forest land of this case to B on November 5, 1987.”

(C) A) A. B established the instant forest land on the basis of the instant filing telephone damage. A. B sold the instant forest land to the Defendant on April 19, 198, and the Defendant completed the registration of transfer of ownership on April 20, 198 as the receipt No. 15232 of the Gwangju District Court Decision 15232 on April 13, 198. D. The Defendant completed the registration of transfer of ownership on April 20, 198 with respect to the instant forest land as the receipt No. 16419 on April 20, 198. Meanwhile, E died on August 20, 198, and E’s heir had the Plaintiff, F, G, H, and I [based] fact that there is no dispute over the instant forest land, Gap evidence Nos. 1 through 4 (which has a serial number) (the purport of each entry, including various numbers, the entire pleadings, and the purport of the entire pleadings.

2. According to the factual basis prior to the determination of the cause of the claim, the registration of transfer of ownership in B, which was completed in relation to the forest of this case, was completed after the death of E. Since the telephone of this case was automatically null and void due to a settlement against the deceased person, the registration of transfer of ownership in B constitutes the registration of invalidation of cause of the transfer of ownership.

In addition, the registration of transfer of ownership in the name of the defendant, which was completed in relation to the forest of this case, constitutes a case where the registration is transferred from an unentitled person.

Therefore, barring any special circumstance, the instant real estate is presumed to be owned by the heir of E, and the Plaintiff, one of the inheritors of E, is the act of preserving the jointly-owned property to the Defendant.