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1. The defendant and the deceased B’s litigant (Counterclaim Plaintiff) and the defendant’s deceased B’s litigant (Counterclaim Plaintiff) are the parties to the lawsuit.
Reasons
1. The following facts do not conflict between the parties, or may be found as a whole in the statements in Gap evidence 1, Gap evidence 2, Gap evidence 4 to 7 (including each number), Gap evidence 10-1 to 8, and the whole purport of the pleadings.
On January 25, 1990, the Plaintiff purchased each real estate listed in the attached list owned by H from the network H (hereinafter “instant real estate”) and KRW 2281 square meters of land for farming families, Gangwon-gu, Gangwon-gu, Seoul-do, for KRW 4 million (hereinafter “instant sale”).
The Plaintiff received procedures for ownership transfer registration from H on February 6, 1990 with respect to 2,281 square meters of I forest land in Gangseo-gu, Gangwon-gu. The Plaintiff only completed the provisional registration on the same day (hereinafter “instant provisional registration”) stated in the purport of the claim for the counterclaim on the same day because the instant real estate cannot be obtained with the qualification certificate for acquisition of farmland, etc. However, the Plaintiff received a registration certificate on the instant real estate from H.
B. H died on November 25, 1995 and jointly inherited the property by J, K, L, M, and N, a child, one-fifth each.
The Plaintiff filed a lawsuit against the pertinent heir seeking the implementation of the procedures for ownership transfer registration (hereinafter “instant prior suit”) with respect to one-fifths of shares of each of the instant real estate among the instant real estate, which was subject to the instant transaction. On February 6, 2013, the Plaintiff was sentenced to a favorable judgment rendered on the grounds that the said heir did not dispute, and the said judgment became final and conclusive between the Plaintiff and J, L, M, and N.
C. However, on April 2, 1998, K had already died before the filing of the instant lawsuit, and the Defendants, the wife, jointly inherited the property, which was the Defendant’s net B and the Defendant’s wife, but the Defendant’s net B died on April 20, 2014 during the instant lawsuit, and jointly inherited the property by each of 1/5.
2. Determination on the main claim
A. According to the above facts of recognition as to the cause of the claim, barring special circumstances.