A. The registration of ownership transfer was completed on September 23, 200 by the Plaintiff’s name on March 5, 1981 with respect to the land of 2,876 square meters of C forest land (hereinafter “C forest”) in Namyang-si, Namyang-si, which became the registration of ownership transfer under the name of D clan (hereinafter “Nonindicted clan”).

B. On October 28, 1994, the registration of preservation of ownership was made in the name of the defendant on October 28, 1994 with respect to B forest land No. 2,671 square meters (hereinafter “instant real estate”).

C. The forest land register for C was registered as the cadastral restoration on November 1, 1969, and is marked as the land subject to the correction of registered matters on December 10, 1990.

C The old forest land register concerning the forest land is the restoration of the owner at the time of the cadastral restoration on November 1, 1969, and the ownership was preserved in the name of the non-party clan on March 5, 1981, and the number of the real estate in this case is stated in the remarks column.

The instant real estate is indicated in the land restoration surveying map drawn up on October 14, 1950 in the short-term 4290 (1957) and is indicated as the land subject to correction of registered matters on December 10, 1990.

The land cadastre is written as “C” in the remarks column of the old land cadastre concerning the instant real estate, and the land cadastre is written as E.

[Based on the recognition] The entry of Gap 1 to 4 (including paper numbers), the fact inquiry results on the Namyang-ju City, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the same real estate basic facts, the real estate of this case and C forest land are identical real estate.

(The fact inquiry by this court is that the real estate of this case and C forest are the same real estate, and the matters registered in duplicate in the land cadastre and the forest register with respect to one real estate).

(1) If overlapping registration of initial ownership has been completed with different registered titleholders on the same real estate, registration of initial ownership shall be made later unless the previous registration of initial ownership is void.