1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the forest land C, 19,537 square meters (hereinafter “the forest land before the instant division”), the ownership transfer registration under the Plaintiff’s name was completed on August 26, 1981 as the receipt of No. 22655 on August 26, 1981.

B. On August 23, 1995, the forest land before the instant partition was divided into three thousand and two hundred twenty-five square meters of C forest land, two hundred and twenty-five square meters of B forest land, four-four and forty thousand and eight-eight5 square meters of D forest land, respectively. On the same day, the land category of B forest land was changed to a road.

C. On August 23, 1995, the Defendant completed the registration of ownership transfer based on the consultation acquisition of the land for public use on August 23, 1995, No. 25801, which was received on August 23, 1995 by the head of the Gwangju District Court.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1-3, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The plaintiff's assertion completed the registration of ownership transfer on August 23, 1995 on the land of this case on the ground of an agreement on the land acquired on July 10, 1995, but the defendant did not have acquired the land of this case from the plaintiff, and thus the registration of ownership transfer under the name of the defendant is null and void.

Therefore, the defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration to the plaintiff.

B. In a case where the registration of ownership transfer is completed with respect to the judgment real estate, the registrant of the registration is presumed to have acquired ownership not only the third party but also the former owner through legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted in the grounds for appeal (see, e.g., Supreme Court Decision 2004Da27273, Sept. 24, 2004). This does not change even if the owner is the State or local government.

In addition, if the registration of transfer of ownership is made by an act of disposal involving a third party, not by the direct act of disposal of the former registered titleholder, the current registered titleholder shall be transferred to that third party.