1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The Plaintiff’s ground for appeal cited in the judgment of the court of first instance is not significantly different from the assertion in the court of first instance. The Defendant added a new argument as to the land specified in paragraph 3. However, the reasoning for the court’s explanation as to this case is the same as the ground for the judgment of the court of first instance, except for the Defendant’s addition of the following 2. Additional Determination as to the land specified in paragraph 3 by this court:

2. Additional determination

A. Since the land indicated in paragraph (3) of the Defendant’s assertion was distributed to a third party by the farmland distribution procedure and the repayment procedure was completed by the third party, the third party acquired the ownership, the deceased J, who is the preferred party, lost the Plaintiff’s ownership of the land indicated in paragraph (3).

B. In the absence of counter-proofs, such as the change of the content of the land investigation register as the owner by the adjudication, the land is presumed to have become final and conclusive, and the ownership preservation register is presumed to have been acquired in a timely manner. The presumption of ownership preservation is broken if it is found that a person other than the title holder of the preservation registration was the assessment of the relevant land.

However, in order to seek the cancellation of registration of preservation of ownership in another person's name, which was completed in relation to the real estate as part of the exercise of the claim for exclusion of interference with the real right based on the ownership of the real estate, the right to claim the cancellation should be actively asserted and proved, and if it is not recognized that there is such right, the claim cannot be accepted even if the registration of preservation of ownership in another person's name is the invalid registration to be cancelled.

Therefore, if it is recognized that the situation titleholder disposed of the land to another person after the circumstance, registration of preservation of ownership shall be made to the situation titleholder or his heir.