1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese Occupation Period, C was under circumstances with respect to approximately 735 square meters (hereinafter “instant assessment land”) in Yangyang-gun D on August 9, 1915.

B. A cadastral restoration was conducted on September 30, 1964 with respect to D land, but the portion of the land cadastre entered “D preceding 735 square meters” as “E Road 25 square meters,” and the owner column entered “C” and “state” in sequence.

C. The Defendant completed the registration of initial ownership of the purport of the claim regarding the instant land (hereinafter “registration of initial ownership”).

On the other hand, F's south is G and G's south is H, and the plaintiff is one of the five South and one female of H.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion of this case is the land under the circumstances of F, who is the Plaintiff’s shipbuilding, and the land of this case was divided from the land of this case.

Since the preservation registration of this case in the name of the defendant is the registration of invalidity of cause, the plaintiff, one of F's successors, seeks cancellation of the preservation registration as a preservation act.

B. Since the Defendant’s assertion in 1938, the road was constructed on the instant land.

In light of the details of partition from the land of this case, the details of ownership transfer from the land divided from the land of this case, and the current status of land use, etc., the acquisition by prescription was completed since the Defendant opened and occupied the road of this case. The preservation registration of this case is a valid registration consistent with the substantive relationship.

3. Determination

A. If the nature of the source of possessory right of real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance in accordance with Article 197(1) of the Civil Act, and such presumption shall be presumed to have been made by the State or local government, which is the managing body of cadastral records