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

A. The Plaintiff is a deceased person of the deceased D (hereinafter “the deceased”), and the deceased died on February 11, 1948.

B. As to Kimcheon-si, Kimcheon-si C Forest land 5 U.S. 8 (hereinafter “the instant land”), the deceased completed the registration of ownership preservation by the Daegu District Court Kimcheon-cheon Branch was received on Mar. 23, 1973 and No. 2997. The Defendant completed the registration of ownership transfer on the ground of sale as of Jul. 7, 1973, No. 6139, Nov. 11, 1972 by the same registry office (hereinafter “instant registration of ownership transfer”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. As long as the registration of ownership transfer is completed on the registry concerning the judgment on the cause of the claim, it shall be presumed that the procedure and cause for the response are legitimate, and the party who asserts the procedure and the unjust cause shall be responsible to prove it. However, if it is doubtful that the registration procedure has not run lawfully, the presumption power shall be broken if it is proved that there are doubtful circumstances that the registration procedure has not run lawfully.

(2) In light of the above legal principles, the registration of transfer made by an application under the name of the former owner after the death of the former owner shall be deemed null and void, and there is no room to acknowledge the presumption of legal capacity for registration, since the registration of transfer made under the name of the former owner after the death of the former owner is deemed to be a registration invalidation

(See Supreme Court Decision 83Meu597 delivered on August 23, 1983, etc.). In the instant case, the registration of transfer of ownership in the Defendant’s name was completed on July 7, 1973 on the ground of sale as of November 11, 1972, after the deceased’s death, and such presumption is not recognized, since the date of registration and the date of registration are after the deceased’s death.

Therefore, the ownership transfer registration of this case is invalid, and the defendant is obligated to implement the procedure for cancelling the ownership transfer registration of this case to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion.