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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 1913, the network C was assessed on the 3,484 square meters (hereinafter “real estate before subdivision”) in F. 3,484 square meters (hereinafter “real estate before subdivision”).
B. On February 12, 1958, the real estate before subdivision was divided into G or H, and the land register was restored.
C. The 166 square meters of the Gyeonggi-do road B was registered as the 549 square meters of the roads B in Yangyang-si, Nam-si, Namyang-do (hereinafter “instant real estate”). On February 17, 1994, the Defendant completed the registration of preservation of ownership on the instant real estate by the Namyang-gu District District Court No. 1763 of March 27, 1996, which received on March 27, 1996.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 9, 10 (including household numbers; hereinafter the same shall apply), Eul's 1 through 5, the purport of the whole pleadings and arguments
2. Determination on the cause of the claim
A. 1) The Plaintiff’s assertion 1) was divided into circumstances with C, and the instant real estate was transferred to I, the mother of the Plaintiff, and the instant real estate remains not subject to farmland distribution, and the Defendant completed the registration of ownership preservation without any title. Meanwhile, the Plaintiff died on November 12, 2008 between the Plaintiff and the J (Death September 19, 2003) and the Plaintiff, and the Plaintiff inherited the instant real estate by creating a will by a self-certificate to inherit the instant real estate. Accordingly, the Defendant is obligated to implement the registration procedure for cancellation of the registration of ownership preservation, which was completed with respect to the instant real estate, even if the Defendant’s provisional registration becomes invalid, as alleged by the Plaintiff, on December 11, 1938, by designating the instant real estate as an occupation-owned local highway, for more than 20 years after the Defendant commenced the registration of ownership preservation under the Defendant’s name as the local highway.