A. On April 16, 1911, the land survey division prepared during the Japanese occupation point period is indicated as being under the circumstances by the FF (F; hereinafter referred to as “person under the circumstance”) located in Suwon-gun, Gyeonggi-do (hereinafter referred to as “Cri”) in Suwon-gun, Gyeonggi-do (hereinafter referred to as “Cri”) No. 1,023 (hereinafter referred to as “land of this case”) in the Namyang-gun, Suwon-do (hereinafter referred to as “Cri”).

B. The instant land was partitioned before the cadastral restoration, and the part corresponding to each of the lands listed in the separate sheet was separated from 65 square meters G road and H road 115 square meters on December 20, 1961, and the owner’s column was restored to the official column. Since then, the land was converted into the square meter and registered as shown in the separate sheet.

(hereinafter referred to as “each of the instant lands”)

C. On November 3, 1995, the Defendant completed the registration of each of the preservation registration listed in paragraph (1) of this case in the name of the Defendant on October 10, 2006, each of the preservation registration listed in the Disposition No. 1 in the name of the Defendant (hereinafter “instant preservation registration”).

The plaintiff was the son of K, the legal domicile of which is Suwon-gun J, and K died on February 14, 1945, and L was killed on or around January 5, 1997, and L was deceased and succeeded in succession by children including the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 10 evidence (including each number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. Presumption of registration of preservation of ownership in respect of land subject to the applicable law is invalid, unless the person to whom the land was assessed is broken and the registered titleholder specifically asserts and proves that the acquisition by succession was acquired by succession, unless it is proved that there is a separate person.

(see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005). Meanwhile, land assessed under a specific person’s name is presumed to be owned by the person under circumstances or his/her heir, barring any special circumstance.