1. The plaintiff's claim is dismissed.

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

Facts of recognition

C was assessed on June 20, 1915, Jeon Sung-gun, Jeon Sung-gun, Seoul, about 938.

C died on May 24, 1943, and E succeeded to the above land.

On July 20, 1972, the above land was divided into D large 890 square meters and the land indicated in the purport of the claim (division and land category was changed to a road; hereinafter the same shall apply).

On October 24, 1978, the Defendant completed the registration of ownership transfer based on the gift made on June 20, 1978 in the name of C in subrogation of C for the preservation of the right to claim the registration of ownership transfer against C with respect to the land of this case, which was unregistered at the time of the time.

E died on November 22, 2007, and the Plaintiff is one of the successors of E.

【In light of the fact that there is no dispute, Gap's evidence Nos. 1 through 3, Eul's evidence No. 1, and the purport of the whole pleadings, the registration of transfer of ownership in the name of the defendant, which was made by the defendant for the reason that the defendant was donated by Eul after the death of Eul, shall be null and void. One of the inheritors E, who was the owner of the land of this case, is the co-owner of the land of this case. Thus, the defendant is liable to implement the procedure for registration of cancellation of transfer of ownership as co-owner's preservation act, barring special circumstances

In this regard, the defendant, in order to expand the farmland to farming areas in accordance with the government policy in the 1970s, donated the land in this case from E, completed the procedure for dividing the land in this case and land category change on July 20, 1972, and thereafter, E, etc. provided the land to village residents as farming. The defendant completed the preservation registration in the name of C by subrogationing E for the purpose of completing the registration of ownership transfer of the land in this case which was unregistered state, and completed the preservation registration in the name of C as the title holder, based on the documents, such as the gift certificate prepared by the former owner E on June 20, 1978.