1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 5, 1914, the network D (the death of August 2, 1953) was assessed against the C&321 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

After the death of D, the deceased family E (the death of January 2, 2003) succeeded to Australia, and the plaintiff, as the head of E, succeeded to E jointly with other children (F, G, and H).

B. On June 30, 1950, I (the father of October 6, 1979), who is the defendant's father, newly constructed a wooden house (61.82m2m2) on the instant land, and obtained approval for use, occupied the said land as a site for the ownership of the said house. After I died, I occupied the said housing and land.

C. During that period, the Defendant completed the registration of preservation of ownership of the instant land (hereinafter “registration of preservation of ownership”) in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (Act No. 4502, invalidation, and hereinafter “Special Measures Act”), which was in force on March 16, 1994.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6 through 9, Eul evidence Nos. 1, 3, 4, and 7, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the cause of the plaintiff's claim is that the land in this case was owned and occupied by the deceased D, the first situation, and after the deceased D's death, the deceased E, the successor, was occupied by inheritance of the above land. After the outbreak of Korean War, I, who was the father of the defendant, was deprived of possession of the above land by threatening the deceased E without any title. After the occurrence of the Korean War, I was deprived of possession of the above land by threatening the deceased E without any title. After that, the defendant completed a false guarantee or completed a registration of preservation of ownership in accordance with the Act on Special Measures for the Protection of Special Measures against the guarantor who was not qualified as the guarantor. Since the above registration of preservation of ownership was made in violation of the Act on Special Measures for the Protection of Ownership, and it is a registration of invalidation of cause beyond any presumption of right, the plaintiff, the heir of the deceased E