1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 29, 1990, the registration of ownership transfer was completed on June 29, 2006, on November 23, 2006, with respect to the 65.92 square meters (hereinafter “the instant building”) of miscellaneous land C’s miscellaneous land miscellaneous land in Jeju Island, the registration of ownership transfer was completed on November 23, 2006 (hereinafter “the instant registration of ownership transfer”).

B. The Jeju Special Self-Governing Province acquired the instant building site as a public site on May 22, 2009 while implementing road construction works, and paid the Defendant KRW 18,736,000 as compensation to the instant building.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, fact-finding results to Jeju Special Self-Governing Province Administration, the purport of the whole pleadings

2. The Plaintiff asserted that the instant building was owned by the Plaintiff, and that the Defendant received compensation from the Jeju Special Self-Governing Province after completing the registration of ownership transfer, which was null and void due to the Plaintiff’s death, and sought a refund of the amount equivalent to compensation.

3. Determination

A. In a case where the registration of ownership transfer has been completed with respect to the fundamental law real estate, the registrant is presumed to have acquired ownership not only to a third party but also to the owner of the previous real estate through legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted and proved in the grounds for appeal.

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). Moreover, real estate registration is valid even if disclosure of the current state of true rights is made by disclosing the current state of real estate rights without reflecting the process or form that led to such disclosure.

When a registered titleholder acquires real estate from the former owner, he/she has lawfully acquired the real estate for other reasons without following the grounds for registration stated in the register, and asserts that the form or process of the act of the cause for registration is somewhat different, only such assertion is made.