1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On August 16, 1978, the Plaintiff sold 2,324 square meters of forest land B (hereinafter “land before subdivision”) owned by the Plaintiff to C on August 16, 1978, and the sales contract prepared at the time is “if there is any forest area (including a wall) sold within the site in which D is currently residing, the area shall be excluded.”

B. The land before subdivision was successively transferred to H et al., and was divided into three parcels, including B forest land No. 2,443 square meters (hereinafter “instant land”). On July 28, 2004, the Defendant received the ownership of the instant land from I, the former owner, on July 28, 2004.

C. On December 27, 1974, the Plaintiff’s Sheet D completed the registration of ownership preservation as to the wood constructed on E and F’s land adjacent to the instant land, and the Gaap-type 1 house and the Gaap-type 23phobbbes (hereinafter “instant housing”), and completed the registration of ownership transfer on April 11, 1990 on the ground of donation made on March 21, 1990 by the Plaintiff. However, the part of the instant dispute was used as the land annexed to the instant housing, and currently, the dispute portion of the instant case was occupied on the boundary of stone and trees.

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 3-1, 2, Evidence No. 6, Evidence No. 7-1, and 2-2, the result of the on-site inspection conducted by the court of first instance, the result of the appraiser G's survey and appraisal conducted by the appraiser G, the purport of the whole pleadings

2. On August 14, 1978, the Plaintiff sold only the remaining part except the part of the dispute in this case at the time of selling the land before subdivision to C on August 14, 1978, but the registration is deemed to have held title trust with C as to the whole land before subdivision. As such, the registration of ownership transfer in the name of C, which was completed with respect to the dispute in this case, is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and the registration of ownership transfer in the name of the Defendant, which was made based on the invalid registration, is null and void.