1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. After the registration of transfer of D’s ownership was completed on May 16, 1943, the registration of transfer of D’s ownership was completed on June 26, 1995 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

B. Meanwhile, from around 1973, the Plaintiff’s husband, cultivated and occupied part of the instant land from around 1973, and died on August 20, 199, and thereafter, the Plaintiff succeeded to the possession of the network E, and cultivated and occupied the said land from around 2007.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, and evidence 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the plaintiff's assertion is that the defendant, although he did not purchase the land of this case from D, has obtained a false guarantee from the guarantor and completed the registration of ownership transfer of this case based on this, the registration of ownership transfer of this case shall be cancelled as the registration of invalidity

On the other hand, in around 1973, the Plaintiff, her husband, purchased the instant land from the netF and commenced possession, and thereafter continuously occupied the instant land for not less than 20 years, the Plaintiff acquired the right to claim for ownership transfer registration on the ground of completion of the statute of limitations for possession against D, the owner of the instant land.

Therefore, insofar as the Plaintiff claims the cancellation of the ownership transfer registration of this case against the Defendant by subrogation of D with the right to claim the transfer registration of ownership as the preserved right, the Defendant is obligated to implement the procedure for the cancellation registration of ownership transfer registration of this case.

3. Determination

A. In a case where a creditor exercises a creditor's subrogation right by trial, the plaintiff, the creditor, is the existence of the claim, the necessity of preservation, and the arrival of the time limit.