The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. In order to seek the cancellation of registration of preservation of ownership in another person’s name, which is an exercise of a right to demand the cancellation of registration of preservation of ownership in another person’s name, which is based on the ownership of the real estate, the right to demand the cancellation of registration shall be actively asserted and proved. If it is not recognized that such right exists, the registration of preservation of ownership in another person’s name may not be accepted even if it is an invalid registration to be cancelled.

Therefore, if it is recognized that the person who registered the circumstances after the assessment was conducted the disposal of the land to another person, the person who registered the circumstances or his/her heir has no title to claim the cancellation of the registration against the person who registered the ownership of the real estate, such claim cannot be accepted

(see, e.g., Supreme Court Decision 2007Da79718, Dec. 24, 2008). Meanwhile, although farmland distribution-related documents, such as a repayment ledger, are not acknowledged to have the capacity to presume rights, there is no limitation in taking the contents of the above documents as data for fact-finding regarding the alteration of rights in full view of other circumstances.

(2) In light of the fact that the ownership of the land of this case is transferred to another person from the person under the assessment of the assessment, the fact of acquisition by succession must be proved. L entered in the compensation-related documents, such as the written request for the issuance of land price securities, as owned by the person under the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of the assessment of