1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a clan consisting of descendants of BFm (BG) BH that died in 1487.

B. Upon receiving the assessment of the Plaintiff’s 15,471 square meters of BI forest land (15,56 square meters, hereinafter “BJ, etc.”) in Kimhae-si, the Plaintiff decided to title trust the said land to BJ, BK, BL, BM, and BN (hereinafter “B, etc.”) as a member of the Plaintiff, and the said BJ, etc. was deemed to jointly own the said land 1/5 shares on December 10, 1917.

On January 6, 1989, the above land was divided into 13,652 square meters of BI forest and 13,652 square meters of BI forest and 11,907 square meters of BI forest and 942 square meters of BB forest and 803 square meters of BU forest and 803 square meters of BU forest and 755 square meters of BU forest and 755 square meters of BP forest and 755 square meters of land were registered conversion into 118 square meters of BU forest and 206 (hereinafter “instant land”).

C. After having died on January 17, 1951, the CR, the family heir, succeeded to the shares of the BM in the instant land (1/5) solely, and after having died on January 6, 1995, the CR died on March 19, 2013, and the CR and CSS died on March 19, 2013, and the Defendant (CUs) and AZ, BA, BB, B, and BC were the children of CR and CSS, and the Defendant finally succeeded to the shares of 1/25 of the Defendant’s share in the shares of BM in the instant land (1/5).

On April 19, 1996, the Plaintiff resolved to terminate the title trust with respect to the land prior to the subdivision, including the instant land, at the special general meeting, and to recover it from the final members.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 30 through 33, 39, 82 through 86, 91 (including each number; hereinafter the same shall apply), Eul 8, Eul 23-3, 4, Eul 24, Eul 39-9, Eul 12, and 20, each of the statements, and the purport of the whole pleadings

2. Determination

A. According to the evidence and the statements of evidence Nos. 5 and 6 prior to the determination of the cause of the claim, the Defendant notified the Plaintiff of the fact that “the Plaintiff passed a resolution for the termination of title trust on the land before the division on Apr. 19, 1996,” and necessary for the registration of transfer of ownership following the termination of title trust.