1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. In the old land cadastre concerning B forest land No. 4,959 square meters (hereinafter “the instant forest”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the first owner of the instant forest land, and C (the names C and hereinafter referred to as “C”) are written as the date of confirmation, the date of confirmation, and the address. The Defendant stated as the transfer of ownership of the instant forest land on December 28, 1963.

B. As to the forest land of this case, the defendant completed the registration of preservation of ownership on December 30, 1963, and on May 10, 2001, the public notice of the sale of state property was issued D on May 10, 2001.

C. The Plaintiff’s attached E (hereinafter “the deceased”) participated in the bid according to the above public notice (hereinafter “instant public auction”).

With respect to the forest land of this case, the deceased completed the registration of transfer of ownership on July 25, 2001 on the ground of sale on May 25, 2001, and one of the inheritors of the deceased on November 25, 2008 on the ground of inheritance by consultation and division on November 28, 2009, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was owned by the Plaintiff from the time of Japanese colonial rule, and the Deceased occupied the forest of this case by inheritance.

Although the forest of this case is not included in the scope of property devolving upon the deceased under the Act on the Disposal of Property Belonging to the State, the defendant violated the Act on December 30, 1963 and illegally reverted the forest of this case, which is owned by the deceased, to the defendant.

The Defendant continued the instant public auction including the instant forest land, and the Deceased inevitably participated in the instant public auction and paid KRW 22,000,000 for the public auction proceeds (hereinafter “the instant public auction proceeds”), and acquired the ownership of the instant forest land by acquiring the ownership of the said forest land without any legal cause. Accordingly, the Defendant unjustly obtained the amount equivalent to the instant public auction proceeds without any legal cause.

Therefore, the defendant is deceased.