1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. D was assessed around 1913 on the Gyeonggi-gun E, Gwangju-gun 711.

B. Following the death of D in 1924, F, South Korea, inherited the property of D by inheritance of Australia, and F, upon the death of F in 1937, K, South Korea, inherited the property of F by inheritance of Australia, and upon the death of G in 1964, the Plaintiff et al. received the property jointly by inheritance of F.

C. Meanwhile, the 711 square meters prior to the Gyeonggi-do, Gwangju-si, Gyeonggi-do, as of the date of changing the administrative district name (hereinafter “instant land”). The Defendant completed the registration of ownership preservation (hereinafter “instant registration of ownership preservation”) in the name of Suwon District Court’s Sung-nam Branch Office No. 2288, Sept. 12, 1959, in relation to the instant land under the name of Suwon District Court’s receipt No. 2288, Sept. 12, 1959.

[Reasons for Recognition] Evidence A 1 to 6, Evidence B 1-1 to 2, and the purport of the whole pleadings

2. The presumption of registration of initial ownership preservation as to the cause of the claim shall be broken if a person other than the title holder of the registration of initial ownership preservation is found to have received an assessment of the relevant land, and the registration shall become null and void, unless the title holder asserts or proves the specific fact of acquisition by succession.

Therefore, as seen earlier, since the fact that the instant land was assessed D is recognized, the registration of preservation of ownership of the instant land is broken out, and the Defendant is obliged to cancel the registration of preservation of ownership of the instant land to the Plaintiff, barring special circumstances.

3. Defendant’s assertion and judgment

A. (1) The defendant's assertion that the land of this case was acquired by the defendant's father H on April 14, 1950 on behalf of the defendant and acquired ownership. However, the defendant asserts that the real estate registration register and cadastral record on the real estate of this case were destroyed by the Korean War and completed registration of ownership preservation in the name of the defendant on September 12, 1959.