1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On June 20, 1915, C was under the assessment of 938 square meters (hereinafter “land before subdivision”). On July 20, 1972, C was divided into the instant land on the land before subdivision (i.e., the size of the said D-owned land became 890 square meters; hereinafter “D land”). The land category of the instant land was changed to a road, and thereafter, the Defendant occupied the instant land as a road from that time.

B. On October 24, 1978, the Defendant completed the registration of ownership transfer of the instant land under C by subrogationing C for the preservation of the right to claim ownership transfer registration following the donation from June 20, 1978 against C, which was unregistered as of October 24, 1978. At the same time, the Defendant completed the registration of ownership transfer of the instant land under the name of the Defendant.

C. C died on May 24, 1943, and on July 28, 1935, 1935, before C’s death, G, the head of which is the F, succeeded to Australia and property due to drinking practice, and G died on September 15, 1958 and succeeded to Australia and property.

On November 22, 2007, E died, and the Plaintiff, as a child of E, succeeded to the said property with her mother and her mother.

On the other hand, registration of ownership transfer was completed on October 24, 1978 under C’s name on July 18, 1981 under the Plaintiff’s name on February 12, 1973 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of the court prior to the remanding of the scope of the trial by this court is reversed after the death of the nominal owner. Thus, the defendant received the gift of this case from E, who was the owner of this case at the time of this case, and thus, the defendant's defense, which corresponds to the substantive relations, is a registration.