1. The Defendant’s KRW 10,390,00 for the Plaintiff and the following: 5% per annum from June 26, 2019 to February 19, 2020 for the Plaintiff.

Basic Facts

According to the Land Survey Book drafted by the former Ordinance on Land Survey (Ordinance No. 2 of August 13, 1912), registration of preservation of ownership, etc., registration of preservation of ownership was entered into on April 1, 1914, stating that the person B was assessed at approximately 206 square meters (hereinafter referred to as “land before subdivision”) at the same time on April 1, 1914.

According to the register of the real estate register on the land before subdivision, registration of preservation of ownership was completed for the purpose of registration by Law No. 8225 of June 27, 1954 for E, who had the domicile in Pyeongtaek-gun D, with the purpose of registration.

On November 15, 1965, land before subdivision was divided into 66 square meters, G road 417 square meters, and H field 198 square meters, respectively.

The Plaintiff completed the registration of initial ownership as to G road 417 square meters (hereinafter referred to as “G land”) and H land 198 square meters (hereinafter referred to as “H land”). The Defendant completed the registration of initial ownership of each of the instant land (hereinafter referred to as “each of the instant land”) with respect to the said three lots of land, including the said three lots of land.

On April 12, 1936, I, the plaintiff of inheritance, died on April 12, 193, and there were children J, K, and L.

The Plaintiff’s father, L, the father of the Plaintiff, had a family register in Gyeonggi-gun D, and died on December 31, 2005 and had his children jointly inherited L’s property, but the co-inheritors agreed to divide the land before the division into the Plaintiff’s ownership on September 2015.

The Defendant, on June 3, 1981, determined and announced each of the instant lands as a road zone, and occupied and used each of the instant lands as a road zone by packaging it as a asphalt.

As Seoul Central District Court 2015Kadan15976, the Plaintiff filed a lawsuit against the Defendant seeking the cancellation of registration of preservation of ownership in the name of the Defendant, which was made in relation to G and H land.

On July 4, 2017, the above court held that the registration of ownership preservation in the defendant's name constitutes a duplicate registration and therefore conforms to the substantive legal relationship.