2. Litigation costs shall be borne by the plaintiff.

A. The previous 43 square meters (142 square meters) was originally owned by E. The ownership was transferred to the State on March 31, 1940 on the old land ledger, and the land category was registered as a change on July 29, 1940 (hereinafter “road No. 1”) and the Defendant Republic of Korea completed registration of initial ownership on the land No. 1 of this case on November 27, 1986.

B. The land category was changed to “road” on October 15, 1931 (hereinafter “instant land”) and the Defendant Korea Highway Corporation completed the registration of transfer of ownership on the instant land No. 2 on July 24, 1982 for expropriation on December 26, 1978.

C. E died on August 20, 194, and the wife F inherited Australia.

The F died on April 1, 1993, and the Plaintiff is the difference between E and F’s son G (Death on November 25, 2009).

【Reasons for Recognition】 The descriptions of evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s alleged E’s property solely inherited G, and the Plaintiff inherited all land owned by G by his will.

The Defendants, without legitimate title, have completed the registration of ownership preservation or the registration of ownership transfer with respect to each of the instant land, and thus, they are obligated to cancel each registration of ownership preservation and the registration of ownership transfer and perform the procedures for ownership transfer registration based on the restoration of authentic

나. 판단 ⑴ 이 사건 제1토지에 관한 청구부분 ㈎ 舊토지대장규칙(1914. 4. 25. 조선총독부령 제45호) 제2조는 소유권 이전에 관한 사항은 등기관리의 통지가 없으면 토지대장에 등록하지 아니한다고 규정하고 있으므로, 舊토지대장상 소유자 변동의 기재는 위 규정에 따라 등기공무원의 통지에 의하여 이루어진 것이라고 보지 않을 수 없으므로,...