1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The following facts do not conflict between the Parties:

On November 4, 1940, the registration of transfer of ownership was completed on the ground of sale as of October 20, 1940 in C, which is the plaintiff's shipbuilding, for the land of this case.

B. C died on November 31, 1961, and was his heir, G and H were deceased on May 17, 1970, and G died on May 17, 1970, and there was the Plaintiff as his spouse and her child.

C. On January 17, 2007, the Defendant completed the registration of transfer of ownership (hereinafter “registration of this case”) as stated in the purport of the claim on September 20, 197, by means of sale as of September 20, 197 pursuant to Act No. 7500 (former Act on Special Measures for the Registration, etc. of Ownership of Real Estate; hereinafter “Special Measures Act”).

2. Since the registration of this case on the land of this case owned by the Plaintiff’s captain’s fleet C, the Plaintiff’s fleet C, is null and void since the Defendant completed the registration in one’s future based on a false guarantee certificate, the Plaintiff, the deceased C’s heir, as an act of preserving the land of this case, may seek cancellation of the registration

3. Determination

A. The registration completed under the Act on Special Measures for the Law is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation under the Act on Special Measures was false or forged.

Unless it is proved that the registration was not legally registered due to any other reason, the presumption of ownership preservation or transfer registration shall not be broken, and the false letter of guarantee or confirmation here refers to a letter of guarantee or confirmation that the substantial contents of the changes in rights are not consistent with the truth, unless it is proved that the registration was not legally registered.

In addition, in light of the fact that the Special Measures Act permits the actual transferee of real estate to make a registration inconsistent with the process of change of rights, the date of purchase, which is the cause of acquisition of rights, is later than the date of death of the original owner or the former registered titleholder, or the seller on a letter of guarantee or written confirmation.