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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. In the first instance court, the Plaintiff sought the cancellation of each registration of initial ownership relating to each of the lands listed in the separate sheet, and the first instance court accepted only the claim as to the lands listed in the separate sheet No. 5, and dismissed the remaining lands, and only the Defendant appealed against this, the subject of the judgment by this court is limited to the land listed in the separate sheet No. 5.
2. The reasoning of the judgment of the court of first instance cited by the main sentence of Article 420 of the Civil Procedure Act, as it is, is the same as that of the judgment of the court of first instance, except for the addition of the judgment that the defendant emphasizes in the trial by the court of first instance.
3. Determination
A. The Plaintiff asserted that M, the assessment titleholder of the land prior to the division, and P, the Plaintiff, are the same persons. The Defendant asserts that the above assessment titleholder is not the same person as the Plaintiff’s fleet. As such, whether M, the assessment titleholder of the land prior to the division, and the Plaintiff’s prior P, can be recognized as the same person.
B. In full view of the facts admitted earlier and the purport of the entire pleadings, the following circumstances are revealed.
① The names of M, the assessment title of the land before the instant partition, and the Plaintiff’s prior buyer, are limited to one.
② The Plaintiff’s line P is the difference between AJ and Q. The permanent domicile of Q was “SK,” and Q was included in Q’s family register on August 2, 1918. P was divided into “SAL” on August 2, 1918, and the aforementioned NE was a person who resided in “Shdong, Ndong, AOdong, APdong, APdong, AP Dong, and AS Dong in the GG Division with the GM announced on April 1, 1914 in Gyeonggi-do, according to the definition of the GG division. M, the circumstance of the land before the division of this case, is a person who resided in “Shdong, Seosung-dong,” the G, the name of which is the situation of the land before the division of this case.
③ On the other hand, M, the assessment title of the land prior to the instant subdivision, was examined, and M, the above land was determined.