1. Revocation of a judgment of the first instance;

2. The defendant deposited with Busan District Court No. 2865 on May 13, 2008 as 140,08,086.

1. Basic facts

A. On November 16, 1932, 1932, the area of 1,223 square meters in Busan Northern-dong B (hereinafter “Bdong”) was divided into 813 square meters in V grave site, C road 324 square meters in size, and 86 square meters in D grave site. The land cadastre prior to subdivision was registered in the name of H having a domicile in G on June 15, 1912.

B. On October 4, 1984, the said C-road 324 square meters was divided into 320 square meters for C-road and 320 square meters for E-road, and the said C-road 320 square meters was divided into 183 square meters for C-road 14 August 14, 2003 (hereinafter “instant land”) and 137 square meters for F-road.

C. On May 13, 2008, the Defendant: (a) deposited KRW 140,086,50 for losses (hereinafter “the instant deposit”) with the Busan District Court Decision 2865, No. 2008, No. 2865, May 13, 2008 on the ground that the address of H ( Address: G) (the owner of the instant land was unknown; and (b) completed the registration of ownership transfer under the name of the Defendant on May 23, 2008.

(B) The instant land was combined with another land on August 31, 2010 and AB road on August 31, 2010. (D)

The plaintiff's pre-appellant J died on January 19, 1935, and he became his heir as Australia.

K deceased on March 31, 1957 and became a heir as a family head of L who is his own child.

L A. On February 13, 1966, the Plaintiff, N,O, and P, who were his wife M and children, were successors. On February 13, 1966, their inheritors entered into an inherited property division consultation with the purport that all the claims for the withdrawal of the instant deposit will vest in the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since H, the assessment title of the land of this case, and the Plaintiff’s shipbuilding J are the same, the land of this case was owned by J.

Therefore, the claimant for the payment of the instant deposit is the plaintiff who is the final heir of J.

(b).