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. The defendant's judgment as to this safety defense is based on the purport that the plaintiffs are not entitled to inheritance shares on the real estate of this case, and thus, the lawsuit of this case is unlawful. Thus, in the lawsuit for performance, the party's qualification is against the person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not, the defendant's defense is without merit.

2. Determination as to the cause of action

(a) Basic facts 1) Each land listed in the Schedule of Attached Real Estate 1 was owned by the network E;

[Attachment 1] According to the sequence listed in the list of real estate in [Attachment 1], “the instant land” is referred to as the “each of the instant land”, and all of the combinations is referred to as “each of the instant land”; F (ma), G (4), H (ma), I (2) were lineal descendants of the network E; Plaintiff A was the children of the network G (Death, July 23, 2008); Plaintiff B was the children of the network J (Death, December 6, 1986), the children of the network G (Death, Dec. 6, 1986) and the co-defendant C (hereinafter “C”) of the first instance trial.

(C) As the heir of the network E, the defendant's shares in 2,376 are 90/2,376.

(Attachment 2) The plaintiffs are co-inheritorss of the network E.

2) As to the land Nos. 1 and 2 of this case and the land Nos. 3 and 4 of this case, the registration of ownership transfer in the name C under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, hereinafter “Special Measures Act”) was completed on June 25, 2007 with respect to the land Nos. 1, 2 of this case and the land Nos. 3 and 4 of this case and the land no. 737 square meters in the mother’s land prior to the subdivision of the land of this case, the registration of ownership transfer in the name C under the name of Changcheon District Court under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (the cause of registration was July 1, 1968) was completed (No. 597 of Jan. 8, 2008).