1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

A. As to the land of this case, the former land cadastre made around July 6, 1910 and entered that the land of this case was transferred to the deceased on July 6, 1910, and thereafter November 8, 1957.

B. As to the instant land, the Defendant completed the registration of ownership preservation as to the land of this case by the Suwon District Court No. 6129, April 30, 1987.

C. Meanwhile, during the course of the instant lawsuit, the Plaintiffs, as co-inheritors of the deceased, succeeded to the deceased’s death.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including branch numbers, if any) and plaintiffs' assertion of the purport of the whole pleadings

A. The instant land was assessed against the deceased’s father, and the deceased acquired the instant land by inheritance from the deceased G in sequence.

Since the land of this case was distributed to H under the former Farmland Reform Act, it was determined that H did not distribute the land due to the failure of H to complete its repayment, the ownership was returned to the deceased.

B. Nevertheless, the old land cadastre of this case stated that the ownership of this case was transferred to the defendant, and thus, the presumption of the alteration of a right cannot be recognized in such statement.

C. Therefore, since the registration of ownership preservation for the instant land that was completed in the future of the defendant is invalid, it is demanding that the deceased perform the registration procedure for ownership transfer based on the recovery of real name.

Judgment

A. According to Article 3 of the former Enforcement Decree of the Cadastral Act (amended by Presidential Decree No. 175 of Dec. 31, 1960), matters concerning the acquisition, loss, and change of land ownership cannot be registered on the land cadastre without notification of the registry office. However, the same shall not apply to cases where unregistered land is expropriated or State-owned.

Therefore, the change of the owner on the old land cadastre is stated above.