1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. Basic facts

가. 별지 목록 기재 각 부동산 중 1/2 지분(이하 ‘이 사건 부동산’이라고 한다)에 관하여 각 매매를 등기원인으로 하여 1939. 7. 19. 원고의 조부(祖父)인 망 D 명의의, 1941. 9. 5. 원고의 부(父)인 망 E 명의의 각 소유권이전등기가 마쳐졌다.

B. Since then, the sale of the instant real estate on March 30, 1930 under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111, May 21, 1968; repealed by Act No. 9143, Dec. 19, 2008; hereinafter “Special Measures Act”) was based on the Defendant’s external mother C name on May 12, 1971, and the date donation on March 5, 2003 was completed as the cause of registration.

[Ground for Recognition: Facts without dispute, Gap 1 through 3, 5, and Eul 2 (including each number), the purport of the whole pleadings]

2. The main point of the Plaintiff’s assertion is that the Plaintiff’s purchase and sale of the instant real estate was 12 years old as of March 30, 1930, and thus, the Plaintiff could not purchase the instant real estate from the network E.

Nevertheless, the deceased C completed the registration of ownership transfer in the name of the deceased C by using illegal means, such as taking advantage of the fact that he is the deceased E's relative, and taking advantage of the false guarantor and confirmation document, so the presumption power of ownership transfer registration is reversed and null and void. Since the ownership transfer registration in the name of the defendant is also null and void, the defendant is obliged to implement the registration procedure for ownership transfer for the reason of the restoration of the true name.

3. The presumption of registration of initial ownership or registration of transfer shall be presumed to be a registration in accordance with the substantive legal relationship, and the presumption of registration of initial ownership or transfer shall not be reversed unless it is proved that the letter of guarantee or confirmation under the Act on Special Measures is false or forged, or that the registration has not been duly registered due to other reasons.