1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The former land cadastre concerning the instant real estate is written by the person E, who is living in D on March 24, 1945, stating that he/she acquired ownership.

B. The Plaintiff’s name was F, and F died on July 21, 1982.

The F’s removed copy is written by a person who is “H” on the side of adult G.

C. On June 8, 1983, the Defendant registered the preservation of ownership on the instant real estate under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, hereinafter “Special Measures Act”) by the Seodaemun-gu District Court and the Daegu District Court (No. 4653, Jun. 8, 1983).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the instant real estate was owned by the Plaintiff’s fatherF, and the Plaintiff inherited the instant real estate upon the death of F.

However, after the death of F, the Defendant forged the letter of guarantee, etc. on the instant real estate and completed registration of preservation of ownership under the former Act on Special Measures.

Therefore, the plaintiff seeks cancellation of the above registration from the defendant.

B. A person who intends to bring an action for the cancellation of registration of initial ownership completed under the Act on Special Measures, shall assert and prove that the nominal owner of the registration of initial ownership does not have lawfully completed the registration of initial ownership because he/she falsely prepared or forged a letter of guarantee and a written confirmation under the Act on Special Measures or for any other reason (see, e.g., Supreme Court Decision 2013Da74684, Jan. 23, 2014). In the instant case, there is no evidence to prove that the Defendant falsely prepared or forged a letter of guarantee and a written confirmation under the Act on Special Measures, the Plaintiff’s claim is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.