1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. (1) D, on January 8, 1938, completed the registration of ownership transfer on the ground of sale as of 1,677 square meters (5,544 square meters; hereinafter “the original land of this case”) in the Seosung-gun, Sung-gun, Gyeonggi-do on January 8, 1938.

(2) On November 14, 1964, H completed the registration of ownership transfer on the land of this case on the ground of family inheritance dated February 28, 1949.

F (F) On June 12, 1965, on the original land of this case, F (F) completed the registration of ownership transfer on the ground of sale with H on June 12, 1964.

(3) On October 20, 1969, the Defendant completed the registration of ownership transfer of this case on the ground of sale as of June 21, 1949 (Article 5 of the Farmland Reform Act).

(4) The original land of this case became the land of this case due to the land substitution due to the completion of the partition rearrangement on December 23, 1989 after the split-merger.

B. (1) F (G) on July 18, 1916, the Plaintiff’s inheritance, etc.: (a) F (G) was born from Pyeongtaek-gun of Gyeonggi-do at least from Jun. 10, 1965 to Feb. 14, 1979, to the address of the Gyeonggi-do Sungsung-gun.

(2) The F (G; hereinafter “the deceased”) died on June 25, 1997, and the legal heir is 10 children, including the Plaintiff, and the wife.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), and the purport of the whole pleadings

2. Determination:

A. (1) The parties’ assertion that the original land of this case, including the Plaintiff’s assertion, is presumed to be owned by D or H, the original owner of which was the original owner of the farmland since the Defendant purchased the land under the former Farmland Reform Act and there was no distribution in farmland. In that order, the registration was successively transferred, and the ownership transfer registration was completed in the name of the deceased.

Therefore, the land in this case is presumed to be owned by the heir, such as the plaintiff, etc. of the deceased, who is the title holder according to the presumption of right.

Since there is no reason to reverse this presumption, the land in this case is jointly owned by the heir such as the plaintiff.

. The land of this case.