1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff completed the registration of preservation of ownership on the land of 2,687 square meters (hereinafter “instant land”) prior to Macheon-si, Seocheon-si, District Court No. 982 on February 9, 1980.

B. B, C, D, E, F, and G (hereinafter “B, etc.”) filed a lawsuit against the Plaintiff at the Seoul Central District Court against the Plaintiff for the cancellation of registration of initial ownership of the instant land as the descendants of H, who suffered from the assessment of the instant land (hereinafter “C”), and the Plaintiff asserted that the acquisition by prescription for possession of the instant land was completed, since the instant land was incorporated into the road site of 45 line local highway during the Japanese occupation period, and it constitutes the road site of 47 line national highways at the present.

On July 24, 2014, B, etc. was sentenced by the above court to “B, etc. shall perform the procedure for registration of cancellation of registration of preservation of ownership of the instant land”.

C. On August 28, 2015, the Plaintiff lodged an appeal to the Seoul Central District Court (2014Na41772), and on August 28, 2015, the said court paid the following (i) “Plaintiff B, etc. shall be subject to the procedure for registration of cancellation of ownership preservation on the instant land; and (ii) KRW 39,489,716 as unlawful gains by September 25, 2015 (i.e., KRW 11,431,234 won plus KRW 7,794,023 + KRW 7,794,023 + KRW 7,794,023 + KRW 4,156,156,812 won + KRW 4,156,812 won + KRW 20% + KRW 750 per annum from the date following the due date to the due date to the due date to the due date to the due date of payment; and (iii) the Plaintiff’s decision of loss of ownership on the instant land by 197045th 197.7.

And the above decision of recommending reconciliation became final and conclusive around that time.

This case is related to ‘the final case'.