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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) In the case of land change (1) Kimhae-si, C Forest land 4983 square meters (hereinafter “divided forest”), C Forest land 4901 square meters (hereinafter “forest land”) and D forest land 982 square meters around February 6, 1990, and the forest land in this case is divided into the instant forest land and E forest land 4829 square meters around August 2, 1991, and the forest in this case remains at present.
(2) On December 19, 191, the land category of F forest land was changed to the factory site on December 19, 191, and on April 29, 1992, the merger of the neighboring factory site (G factory site 2749m2 and 66m22m2, 296m2, hereinafter “the instant factory site”) was 296m2 in Kim Sea-si, Kimhae-si, a F forest site (hereinafter “the instant factory site”).
B. On or around July 20, 1982, the ownership transfer registration of the forest of this case was made to J on or around July 20, 1982. On or around August 2, 1990, the ownership transfer registration of the forest of this case was made with respect to the forest divided after the division of the forest of this case with 113/1,000 among 4292/1, 4901, L, 2392/1,000 in the future, 114/1,000 in M, 2503/1,00 in N, 2503/1,00 in the future, and 2503/1,00 in the future. Since August 2, 1991, the ownership transfer registration of the forest of this case was made with respect to the forest of this case divided after the division of the forest of this case and E4829 square meters.
On the other hand, on October 27, 1992, both-wing Trade Co., Ltd. received a provisional disposition that prohibits disposal of the forest of this case as Busan District Court 92Kahap1954 on the forest of this case, and the provisional disposition was cancelled on August 1, 1996.
(2) The forest land of this case was transferred to P for sale on or around July 18, 1996, and the ownership transfer registration was made on or around August 27, 1996 to the defendant for the same reason.
C. The principal lawsuit, which was initiated by Busan High Court 94Na4844, 94Na4868, 94Na4868 (Joint), and 94Na4851 (Intervention) based on the decision of prohibition of provisional disposition (hereinafter “the instant forest lawsuit”), is a stock company.