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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, D (Death in 2013), E, F, G, H, and I are children of J (Death in January 30, 2006), and the Defendants are children of D.
B. On April 3, 1970, the Plaintiff owned a forest and field ownership. 1) On April 3, 1970, the Plaintiff is a K forest and field land 864m2 (hereinafter “instant forest and field”).
(2) On January 15, 1979, D completed the registration of transfer of ownership based on the purchase and sale on March 30, 1970. The Defendants completed the registration of transfer of ownership based on the purchase and sale on January 23, 1979 with respect to the forest of this case. The Defendants completed the registration of transfer of ownership based on the inheritance by consultation and division on March 12, 2014 with respect to each of the forest of this case.
3) The Defendants sold the instant forest land to L on June 3, 2016 and completed the registration of ownership transfer. C. The Plaintiff filed a complaint against Defendant C as the crime of excavating a grave, but the said Defendant was subject to a disposition by the prosecutor of the Suwon District Prosecutors’ Office on December 20, 2016. [In the absence of dispute over the grounds for recognition, Gap 1 through 3, Eul 1, 2, and 8, and the purport of the entire pleadings.]
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion D is to complete the registration of ownership transfer for invalidity of the cause of the instant forest land by forging or altering the documents relating to the registration under the Plaintiff’s name.
The Defendants, despite being aware of such fact, completed the registration of ownership transfer based on inheritance of the above woodland in their own name, sold the above woodland to the Plaintiff, purchased a new grave with the purchase price, and solicited the Plaintiff to change the grave, and refused to refund the purchase price by changing the attitude of receiving the purchase price.
Therefore, the Defendants are jointly obligated to pay the Plaintiff KRW 140 million, which is the amount equivalent to the purchase price of the said forest land, as compensation for unjust enrichment return or tort.
B. If the registration of ownership transfer has been completed with respect to one real estate, the titleholder of the registration shall be the third party.