1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 5 (including the whole number; hereinafter the same shall apply).

Before the subdivision, Daegu-gun District Court Decision 764 square meters (hereinafter “Before subdivision”) was divided into the land listed in paragraph (1) of the order (hereinafter “instant land”) on May 1, 1916, 48 square meters (hereinafter “D”) and 72 square meters (hereinafter “E”) before Daegu-gun, Daegu-gun, and the land listed in paragraph (1) of the same Article (hereinafter “instant land”).

B. On October 10, 1910, the land cadastre of D land was assessed by F on October 10, 1910, and was written by G on June 23, 1914 as transfer of ownership. G was written as owner in each land cadastre of E and this case’s land cadastre.

C. On June 14, 1917 with respect to D land and E, the name correction registration was made with “I located in H” on June 14, 1917, but the said G name remains as to the instant land.

On April 1, 1951, I, the plaintiff's reference, died on April 1, 1951, succeeded to I's property as the family heir by himself.

E. At present, the instant land is unregistered.

2. Since the defendant asserts that the lawsuit of this case by the plaintiff on the defense prior to the merits of this case is unlawful because there is no benefit of confirmation, the registration of ownership preservation on the land shall be filed only by the person first registered as the owner on the land cadastre or the forest land cadastre, his heir, or other general successor (Article 65 subparagraph 1 of the Registration of Real Estate Act), a person who proves his/her ownership due to expropriation (Article 65 subparagraph 2 of the Registration of Real Estate Act), and a person who proves that he/she acquired ownership due to expropriation (Article 65 subparagraph 3 of the same Act). Thus, the person who received the registration of ownership transfer on the register cannot apply for the registration immediately in his/her future, and the registration of ownership transfer on the register is completed in the future