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1. The defendant is based on the restoration of the real name with respect to B road 109 square meters in Gwangju City.
Reasons
1. Basic facts
A. The land survey division drafted during the Japanese Occupation Period is written by C as being examined by Gwangju-gun D 373 square meters (hereinafter “undivided land”).
B. The land before subdivision became two parcels, including Gwangju-si, B, 109 square meters (hereinafter “instant land”) and two parcels, following the division, land category change, area conversion, etc.
C. On March 14, 1996, the defendant completed registration of preservation of ownership of the land of this case.
On May 8, 1939, G, who was ex post facto son of the net F (Death on February 4, 1913), succeeded to the property of the network E independently.
G A deceased on February 17, 1978, and the Plaintiff, his wife H and ASEAN jointly succeeded to the deceased’s property. On April 12, 1990, H died and the Plaintiff solely succeeded to the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 7, and 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination:
A. 1) Determination on the cause of a claim is based on the relevant legal principles and the person registered as a landowner under the former Land Investigation Ordinance, unless there is any counter-proof such as the change of the situation by adjudication, the situation shall be deemed a landowner and the circumstance thereof shall be presumed to have become final and conclusive. Therefore, if a person registered as a situation in a land investigation division on a certain land dies and his/her heir remains, unless there is any circumstance to deem that his/her ownership has been transferred to a third party after the circumstance relating to the land exists (see, e.g., Supreme Court Decision 2000Da66522, Mar. 23, 2001). The presumption of registration of preservation of ownership shall be deemed as the owner of the land (see, e.g., Supreme Court Decision 2000Da66522, Jul. 7, 199).