1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The land in this case was owned by F. In accordance with the Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3562, hereinafter “Special Measures Act”), the registration of ownership transfer was completed in the G on June 27, 1985 with respect to one-third shares (hereinafter “instant shares”) among them pursuant to the Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3562, hereinafter “Special Measures Act”).

B. Following the death of G, G’s 1/3 shares in the instant land were due to the consultation and division of the inherited property as of August 19, 1990, and the transfer registration on December 29, 2003 (hereinafter “the transfer registration of shares in this case”) was completed on December 29, 2003.

C. The F died on July 29, 1967, and the Plaintiff is one of the F co-inheritors.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although the Plaintiff’s assertion G did not have donated the instant share from the deceased, the Plaintiff completed the registration of transfer in the G pursuant to the Act on Special Measures for the Development of Special Measures on December 3, 1973 on the grounds of donation after the deceased’s death. The registration of transfer of the said share is a false letter of guarantee and a written confirmation.

Therefore, the Plaintiff, as one of the co-inheritorss of the deceased, sought the cancellation of the transfer registration of shares in this case as a preservation act of co-inheritors on the land in this case.

B. Where registration of ownership preservation or registration of ownership transfer has been completed under the Act on Special Measures for Determination, such registration is presumed to have been completed lawfully in accordance with the procedures prescribed in that Act and in accordance with the substantive legal relationship. Therefore, in order to reverse such presumption, it shall be asserted and proved that the letter of guarantee or confirmation under the Act on Special Measures for Registration was forged or falsely prepared, or that it was not legally registered due to other reasons.

Supreme Court Decision 200 delivered on September 5, 200