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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On August 9, 1913, N was assessed on the land listed in [Attachment 1] Paragraph (1) of [Attachment 1] and was assessed on May 21, 1913 on the land listed in Paragraph (2) of the same List (hereinafter “No. 2 land”) (hereinafter “instant land”).
B.O (Death on December 1, 2015) completed the registration of initial ownership (hereinafter “registration of initial ownership”) pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500 on May 26, 2005 and enforced January 1, 2006; hereinafter “Special Measures Act”) on each of the instant land on July 25, 2007.
C. Defendant I completed the registration of ownership transfer on land No. 1 on January 8, 2016 due to an inheritance by agreement division. Defendant J and K completed the registration of ownership transfer based on each of 1/2 shares out of land No. 2 on January 12, 2015.
At the time of the O’s death, there was Defendant I, L, and M, the spouse of the deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 6 through 13 (including each number), the purport of the whole pleadings
2. The plaintiffs' assertion and judgment
A. Although each of the instant claims by the plaintiffs is owned by the plaintiffs, who are the successors of N in the title holder of the land condition, the registration of ownership preservation of the instant land shall be completed by using a forged warranty with false content, and Defendant I, J, and K completed each of the instant registrations based on the registration of ownership preservation. Accordingly, each of the registrations in the name of O, Defendant I, J, and K should be cancelled as invalid registration.
B. The registration completed under the Act on the Special Measures for Determination is presumed to be completed in accordance with the legitimate procedure stipulated in that Act, and thus, a person who intends to seek cancellation of completed registration under the Act on the Special Measures for Determination.