A. The registration of preservation of ownership in the name of the Defendant was received on April 12, 1997 by the Government Registry of the District Court of Jungyang-si, Gyeonggi-do with respect to the registration of preservation of ownership in the name of the Defendant on April 12, 1997, and the registration of preservation of ownership in the name of the Defendant on April 29, 1997 with respect to the land of Namyang-si, Gyeonggi-do, with respect to the land of Namyang-si (hereinafter “Namyang-si”) 506m21, respectively.

B. The land of Namyang-do was divided into 3,566 square meters (11,788 square meters, hereinafter “the land of Namyang-gun prior to subdivision”) prior to the Namyang-gun, Namyang-gun, Gyeonggi-do. The land survey division prepared under the Land Survey Order under the Land Survey Order under the Japanese Occupation Period shall be indicated as the land of Yangyang-gun and the land of Namyang-ju before subdivision was subject to the assessment of E.

C.F died in around 1921, and as a grandchild, G was the inheritor of Australia. G died on July 20, 1961 and succeeded equally to the shares of H, I, and J. The J died on October 13, 1995, and the Plaintiff et al., a child, jointly succeeded to the property of J.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 12, 16, 17 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the claim as to the two-owner's land, the two-owner's land was acquired at the time of the F's original acquisition under the circumstances of F, and since F's successors comprehensively take over them, the defendant's registration of preservation of ownership is reversed and its cause

Therefore, the Defendant, as one of the successors of F, is obligated to cancel the registration of preservation of ownership of the two-owner’s land, to the Plaintiff who filed the instant claim by the act of preserving the jointly owned property.

B. In order to seek cancellation of registration of preservation of ownership completed in the name of the defendant against the defendant, the plaintiff must first be actively asserted that the plaintiff has the title to claim cancellation, and if there is such title, it is recognized that the plaintiff has such title.