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1. The defendant confirms that the 56m2 in Ansan-si, Ansan-si B is owned by the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The land research division drafted during the Japanese occupation point period is indicated as D’s assessment as to the land 90 square meters prior to the Gyeonggi-gun C, Gyeonggi-do (hereinafter “the land prior to the division”), and the address of D is not indicated.
B. The pre-division land was divided into several parcels after the subdivision, and a part of the land was made up of 56 square meters in Ansan-gu B/Do (hereinafter “the instant land”) through the change of administrative district, the change of land category, the conversion of area, etc.
C. The land cadastre of this case, which was restored in 1961, is written as D with the owner of this case’s land having his domicile in “Grsung E”.
D, who is the father of the plaintiff, died on December 3, 1950, and the plaintiff, who is the father of the plaintiff, succeeded to the family head and the property independently.
E. The instant land is unregistered until now.
【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 7 (including each number, if any) and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is the land of which the father is the Plaintiff’s father, and the Plaintiff succeeded to this. Therefore, the Defendant is obligated to confirm that the instant land is owned by the Plaintiff.
B. Since D and the father of the Plaintiff, who is the person in charge of the assessment of the land in this case, cannot be deemed as the same person, the Defendant’s assertion cannot respond to the Plaintiff’s claim.
C. 1) Determination 1) Unless there is any counter-proof such as that the content of the situation has been changed by an adjudication, the person registered as the owner in the land survey division or the forest survey division shall be presumed to be the owner of the land and its circumstance has become final and conclusive. The person who received the assessment of the land shall be deemed to have acquired the land in an original manner (see, e.g., Supreme Court Decision 98Da13686, Sept. 8, 1998). A claim for confirmation of land ownership against the State is unregistered and no land is registered, and it is impossible to identify the person registered as the