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1. The part against the Defendants in the judgment of the first instance shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
Reasons
1. The following facts are either not disputed between the parties, or acknowledged based on Gap evidence Nos. 1-1-4, 3-2, 4-2, 5-2, and the whole purport of the pleadings.
As to the instant real estate, ① after the completion of the ownership transfer registration under the name of O on June 14, 1937, ② under the former Act on Special Measures for the Registration, etc. of Ownership of Public Farmland (Act No. 1657, Sep. 17, 1964; hereinafter the same shall apply), the ownership transfer registration under the name of co-defendant E in the first instance court (hereinafter referred to as the “ownership transfer registration”) was received on Nov. 1, 1964 under the former Act on Special Measures for the Registration, etc. of Ownership of Public Farmland (Act No. 11640, Mar. 2, 1950); ③ the ownership transfer registration was received on Feb. 10, 1989 with No. 1676, Jan. 12, 1989; ④ the ownership transfer registration was received under the name of AE and Co-Defendant F, Ltd. under the name of co-defendant on Apr. 18, 1986.
B. As theO died on January 2, 1984, U, V, and W, the heir of R, who is his/her siblings (Death on November 22, 1949), succeeded to the property of O on behalf of the deceased, and that W was deceased on January 15, 2007 and succeeded to W.
C. AF died on October 27, 2011, and succeeded to AF at the rate of 1/9 of Defendant I, his spouse, Defendant J, K, and L, who is his child, respectively.
2. The Plaintiff’s determination on the cause of the claim is based on the following: (a) the Plaintiff obtained a false certification issued by the Co-Defendant E of the first instance trial to the effect that theO was residing in Japan even though the Co-Defendant E did not purchase the instant real estate from O, and completed the registration of ownership transfer pursuant to the Special Measures Act; (b) the above registration of ownership transfer is null and void; and (c) each registration of ownership transfer made in the name of AE and AF in succession is null and void; and (d) the Defendants who inherited AE