1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 15, 1958, the “1st 4th 8th Madge C Forest land (4,440 square meters)” was owned by the Defendant and H, and the “ 7th Madle” was divided from the above land (210 square meters, 694 square meters, hereinafter “instant land”).

B. On March 26, 1975, in C remaining after the division as above, 4 square meters of F forest land was divided into 5 square meters (1,620 square meters, approximately 5,355 square meters) and F land was converted into 5,593 square meters before G as the land category was changed simultaneously with the division.

C. The result of the partition survey conducted in the process of dividing the land into E on October 15, 1958 (Evidence 4-3 of the Evidence A), was indicated as being connected with the land remaining after the partitioning of the instant land. However, on March 26, 1975, the F land was indicated as included in the G land in the registration conversion result map (Evidence 4-4 of the Evidence A), which was prepared in the process of dividing into and conversion into the G land, and the part of the instant divided land is indicated as included in the G land.

The defendant completed the registration of ownership transfer on August 22, 1980 with respect to the land of this case on January 10, 1973.

E. Meanwhile, with respect to G on August 14, 1981, the registration of ownership transfer was completed on January 10, 1973 in the name of Defendant H, who was the Defendant’s punishment. As to G land, the registration of ownership transfer under the name of I on January 20, 201, each of the J on January 7, 2003 was completed. The Plaintiff purchased G land, etc. from J on February 26, 2009 and completed the registration of ownership transfer under the Plaintiff’s name on April 3, 2009.

F. On February 26, 2009, the area of G 5,593 square meters was corrected, and 5,450 square meters was 5,45 square meters. Since the Plaintiff purchased G land, G land was divided into 4,756 square meters before G on June 15, 2009 and 694 square meters before K on June 15, 2009. On August 7, 2009, the land category was 4,756 square meters before G divided as above, and the land category was changed and the land category was 4,756 square meters in G warehouse site was combined on November 18, 2009.

G. The Plaintiff was planning to construct a new factory and warehouse on G land, etc. before K was divided into a 694m2 before K around 2009, and as a result of the subdivision survey, this is the G land.