1. Revocation of the first instance judgment.

2. The Defendant shall recover the true name with respect to B forest No. 1,436 square meters in the time of harmony to the Plaintiff.

Basic Facts

A forest survey report prepared at the time of the land survey project for the Japanese colonial system is indicated as being subject to the Defendant’s increased portion D with regard to the forest land of 23,901 square meters (hereinafter referred to as “C forest”) in Sungsung-si prior to the division.

C Forest land is registered in the forest land register for state-owned (reverted) prepared after the tidal wave, and the owner column of the forest land register is written by Japan E.

F, who is the father of the defendant, completed registration of preservation of ownership in relation to C forest land in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter "Special Measures Act"), which was enforced on August 21, 1980.

On April 29, 1983, 1983, B forest land B 1,436 square meters (hereinafter “the forest of this case”) has been divided. On January 24, 1991, the Defendant completed the registration of transfer of ownership based on donation on January 23, 1990.

E. On the instant forest land, the Defendant’s family charnels are installed and managed around 2012.

[Ground for recognition] Where registration of preservation of ownership has been made pursuant to the former Act on Special Measures for the Determination of the Grounds for Claim of Gap's Evidence Nos. 1 through 5, Eul's Evidence Nos. 1 through 10, video and the purport of the entire pleadings, there is a separate person in charge of the assessment

Even if the registration is made in the name of another person prior to the registration in the forestry register, such registration shall be presumed to be made in accordance with the substantive legal relationship, as it is completed in accordance with the lawful procedures prescribed in the above Act. Therefore, a person who intends to file a lawsuit for the cancellation of registration of preservation of ownership completed under the above Act was the title holder of the registration of preservation of ownership prepared or forged a false certificate of guarantee and a written confirmation

for any other reason that the registration of preservation was not lawfully made, and that such registration was not made for such other reason must be proved.

(see, e.g., Supreme Court Decision 92Da8965, Jun. 23, 1992). Meanwhile, the same is applicable.