The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the lower judgment on basic facts and the record, the following facts are revealed.

The forests and fields E (hereinafter “the mother land in this case”). Qu has been changed to the Soyang-gu Rdong at the ancientyang-si, the administrative district of which was changed to the Goyang-gu. The land in this case was divided into S, F, and G on December 1, 1959, and the F was divided into B large 43 square meters, and G was converted into registration conversion and land cadastre was completed at 30 square meters prior to C.

On July 21, 1994, the defendant completed registration of initial ownership relating to B and C land.

(B) The subsequent land was divided into B, D, and hereinafter referred to as “instant land”). B, C, and D

K with the address in J on August 21, 1940 entered that ownership was transferred on August 21, 1940 in the old forest register for the land of this case.

In the old land cadastre (rest form) of the instant land, K with the address in Li is indicated as the owner, and K with the address in Li is indicated as the ownership of August 21, 1940 in the old land cadastre prepared in the card form around 1976.

2. The lower court rejected the Plaintiff’s assertion that K as the same owner of the instant land is the same as M as the Plaintiff’s fleet, who was the same as K as the Plaintiff’s land cadastre, etc.

The reasons are as follows.

Before the enforcement of the Cadastral Act (Act No. 2801) amended on December 31, 1975, even if the name of the owner was entered in the forest land register voluntarily restored for the convenience of taxation without any legal basis, the competent authority cannot recognize the presumption of right.

The mother land of this case was restored in around 1959, and the competent authority arbitrarily restored the forest land register without any legal basis.

Since then, the old land cadastre regarding the land of this case divided from the mother land of this case shall be in the forest land register for the mother land of this case.