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

Purport of claim and appeal

The first instance court.

A. The land investigation division of the Gyeonggi-gun Group F (the name was changed to “Seoul-si G”; hereinafter the same shall apply) written in the Japanese colonial era is indicated as C’s assessment. The land investigation division of the Gyeonggi-si Group F (the name was changed to “Seoul-si G”; hereinafter the same shall apply) is written as C’s assessment.

B. The cadastral record on the real estate of the above circumstances was destroyed due to the disaster 625, and the parcel number and the cadastral record were restored on September 2, 1958, and the land before division was divided into H 541 square meters and I 26 square meters (the area after division is converted into normal distance as shown in the separate sheet; hereinafter “each land of this case”).

C. The Defendant completed registration of preservation of ownership on each of the land of this case, following the public notice of non-owned real estate under the State Property Act around 1995, which was made in the state where each of the land of this case was unregistered, with the District Court of Jungyang-gu Seoul District Court No. 4175, Oct. 28, 1996.

On the other hand, B, his father, died on August 13, 1950 as C’s adopted child, and thereafter C died on January 28, 1956, and the Plaintiff inherited C solely.

[Reasons for Recognition] Unsatisfy, Gap 1 through 5 (including additional numbers), Eul 9, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, C, the fleet of the Plaintiff, acquired the land before subdivision, and the registration of preservation of ownership in the Defendant’s name as to each of the instant lands divided therefrom, is deemed invalid as the presumption power is reversed. Therefore, barring any special circumstance, the Defendant is obligated to implement the procedure for the registration of ownership transfer for the reason of the restoration of the true name and return unjust enrichment for the use of possession of each of the instant lands to the Plaintiff who inherited C’s

3. Judgment on the defendant's defense

A. Since the defendant's defense division was recognized as the 2nd line of the national highways on December 1, 1938, the defendant used each of the instant land as the land of this case.