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

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On April 2, 1971, H completed the registration of ownership transfer with respect to the forest G forest land G 65,752 square meters (hereinafter “G forest land before the division”) in the name of oneself on April 2, 1971, H sold 19835/65752 shares of G forest land before the division to I on September 1, 1981, and completed the registration of ownership transfer with respect to the said shares under the name of I on September 3, 1981.

After all, the above portion of G forest land, among G forest land before division, was under auction procedure, and the J completed the registration of ownership transfer on the ground of auction on June 18, 1986. On November 27, 1995, the Plaintiff purchased from J the above share of G forest land 19835/65752, and completed the registration of ownership transfer under the name of the Plaintiff on February 15, 1996.

B. Before the division, G forest was divided into 45,917 square meters of G forest (hereinafter “G forest”) and 19,835 square meters of E forest land (hereinafter “instant forest”) on June 23, 2005.

(After the division, the location of G forest land and the instant forest land was changed to the "G of Youngwon-gun F" due to the change of the name of the administrative district on October 20, 2009.

H died on December 17, 2007, and at the time of the above death, K and his wife were the co-defendant C and D, who were the wife, and on February 15, 2008, K died on February 15, 2008, and jointly succeeded to the property.

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), fact-finding results on the Lane of the court of first instance, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted on June 23, 2005: (a) divided the G forest before the division into shares of H in proportion to their shares; and (b) agreed to own the G forest after the division by H; and (c) the Plaintiff separately agreed to own the forest of this case.

However, as H and Ha’s wife died and the Defendant succeeded to 1/3 of the H’s property, the Defendant committed an agreement on June 23, 2005 with respect to 1/3 of the shares out of 45917/65752 of the forest land of this case to the Plaintiff.