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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The defendant answers D. D. to the plaintiff, Jincheon-gun, Jincheon-gun, Chungcheongnam-do.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4, 7, 8, 11 (including serial numbers; hereinafter the same shall apply) and Eul evidence No. 6, by integrating the whole purport of the pleadings:
On April 20, 1912, the Plaintiff’s evidence E changed the category of D river into “the answer” on April 17, 1970 (hereinafter “BB”) from Jincheon-gun N (hereinafter “N”) of Jincheon-gun, Jincheon-gun (hereinafter “N”), and was under circumstances.
B. On July 19, 1979, the Defendant completed the registration of initial ownership (hereinafter “registration of initial ownership”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”). The letter of guarantee (hereinafter “the letter of guarantee in this case”) which served as the basis for the registration of initial ownership in this case was written as being purchased from E on Oct. 15, 1965 as the ground for the acquisition of the land before subdivision, and the Defendant signed and sealed three persons, including the net L, and K (the Defendant’s protocol as seen below) with the Plaintiff and the village head as the guarantor.
C. On July 21, 2011, the land before subdivision was divided into D 1,418 square meters (hereinafter “instant land”) and O 76 square meters. On August 22, 2011, the Defendant completed the registration of ownership transfer for the instant land to Co-Defendant C on the ground of the exchange with respect to the instant land.
On the other hand, on April 20, 1912, E received the assessment of PP No. 1,148 (hereinafter “instant land”) in the vicinity of the land before subdivision, and then died on September 9, 1907 at the age of 36 years, E donated the instant land to H He, who is his wife, and thereafter, donated the instant land to H, Q, Q, who is his wife, on November 15, 1949 (hereinafter “S land”).