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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in the statement in Gap's evidence Nos. 1 to 3, 5 to 8, 10, 11 and 13, and Eul's evidence Nos. 1 and 2 (including the paper numbers).
D On February 13, 1969, the designated parties, including the Plaintiff, and the Defendants were killed. The aforementioned successors jointly inherited the property of the deceased in proportion to the proportion of Plaintiffs 4/22, the designated parties E 4/22, the designated parties F 1/22, G 1/22, the designated parties H (H determined 1/22 of the inheritance shares of the K as the heir of D’s father’s children, L, and M in joint inheritance with the M) 6/242, the designated parties I (I was calculated as N’s shares by sole inheritance of N with the heir of N without the other heir) (I was calculated as N as the heir of D’s father’s children) 1/22, Defendant B3/66, and Defendant C2/66.
B. With respect to the real estate listed in the separate sheet No. D (hereinafter “instant land”) owned by the designated parties including the Plaintiff and the Defendants’ decedent, the ownership transfer registration was completed on August 31, 1973 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562 of Apr. 3, 1982, the invalidation thereof) but on February 27, 2003 from the case (Seoul District Court Decision 2002GaDa455966 of Feb. 27, 2003) where the Plaintiff and the selected parties filed a claim for the cancellation of ownership transfer registration against the Defendant B (Seoul District Court Decision 2002Da45596). As the judgment becomes final and conclusive, the title holder of the real estate registration injured on the instant land is deceased D.
C. Defendant B cultivated the instant land from 2013 to 2013 without consultation with the designated parties, including the Plaintiff, who are co-inheritors.
Accordingly, on September 23, 2013, the Plaintiff filed a claim against the Defendants for provisional injunction against cultivation, which was filed by Jeonju District Court Branch 2013Kahap32.