1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B and C completed the registration of ownership transfer on May 13, 1942, 1942, 1/2 shares as to D Seosung-gun 448 (hereinafter “instant land before the instant partition”).

B. On April 20, 1949, the Plaintiff completed the registration of transfer of shares in B on October 1, 1948 with respect to the shares in the land before the instant partition.

C. Since then, the land before the instant partition was partitioned on December 30, 1960 and divided into E-Y No. 220 and annexed land (hereinafter “instant land”). On March 24, 1965, the Plaintiff completed the registration of ownership transfer on the land before the instant partition due to the completion of reimbursement on December 30, 1959 pursuant to Article 11 of the Farmland Reform Act.

[Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, 2-2, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 6-1, 6-2, and the purport of the whole pleadings

2. The defendant's right of defense prior to the merits is C, so the lawsuit of this case against the defendant, who is not a party's heir, seeking the implementation of the procedure for ownership transfer registration against C or his heir, is unlawful. However, in the lawsuit for performance, the plaintiff's right of performance is deemed to be the defendant, and the party's right of performance is the plaintiff's own assertion. Thus, the defendant's right of performance asserted from the plaintiff as the party's obligor is deemed to be the party's right. Thus, the defendant's right of defense prior to the merits is not reasonable.

3. Judgment on the merits

A. Of the Plaintiff’s assertion, 1/2 shares in the land of this case are owned by Japan, and owned by Japan. The Plaintiff is from March 24, 1965, when the transfer of ownership is completed with respect to the land divided from the land before the instant partition.