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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. According to the Land Survey Book drawn up in the Japanese Occupation Period, a land assessment title, the land assessment title, C having the address in Gwangju-gun B was entered into the assessment of around September 19, 191 by the Gwangju-gun 1,473 around 19, 191.
B. The land assessed by the above C was divided into E or F on March 20, 1953 and became the land of this case due to the annexation of E and G land on November 24, 2006.
The land category of this case was changed to a road, and it was pointed out around March 20, 1953.
C. The Defendant registered the name of the Defendant with respect to the instant land in Suwon District Court Gwangju District Court No. 10317, Mar. 14, 1996.
Inheritance C died in around 1921, and H, a major child, died in around 1943.
He succeeded to Australia, and the I died in around 1994 and succeeded to by J, the plaintiff, and K, who are his children, but the remaining inheritors except the plaintiff, renounced their inheritance on the land of this case and led to the plaintiff's sole inheritance.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, each entry of evidence Nos. 8 and 9 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the land of this case was originally acquired upon the assessment of the network C, and thus, the presumption of registration of preservation of ownership in the Defendant’s name was broken. As such, the Defendant is liable to implement registration procedures for cancellation of registration of preservation of ownership in this case’s land to the Plaintiff, who is the deceased C’s heir.
B. The defendant's assertion that the defendant occupied the land of this case for at least 20 years, or occupied it in good faith and acquired it by prescription for at least 10 years after registering it as the owner. Thus, the registration of preservation of ownership in the name of the defendant is valid in accordance with the substantive
3. Determination
A. According to the above facts of recognition as to whether the presumption of registration was destroyed or not, the circumstances of the above C are thereafter.