1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the area of 1002 square meters and 526 square meters prior to D, Geumnam-gun, Chungcheongnam-gun, Geumnam-gun.

2...

d. On December 24, 1948, the sale and purchase 4 on December 27, 1948, H on May 26, 1948, the "family inheritance 5" on November 25, 1968, I inherited on September 20, 1967

C. Since then, on January 16, 2004, on the basis of 5 registration of the above table Nos. 5 in the current register of the land of this case, the registration of transfer of ownership was completed on the ground of inheritance due to the division between the Plaintiff and November 30, 198 under the name of the Plaintiff.

However, other than the above book-type closed register (registration number No. 5411), as to the land of this case, the book-type closed register (registration number No. 8658) was established. However, as to the land of this case, the following table 2 was entered in the column of the card-type closed register (registration number No. 17133) and the registration No. 1713 was transferred to the column of the card-type closed register (registration number No. 17133) on April 23, 1982.

However, the above card-type closed register (registration number No. 17133) was closed on April 22, 1999 on the ground of overlapping registration pursuant to Article 117 of the former Enforcement Rule of the Registration of Real Estate Act.

On October 11, 1955, the title holder of the date of receipt of the registration No. 1 of the registration No. 1 of the grounds for registration, the registration of ownership preservation* (defluence of the established year) H 2 of the registration of ownership transfer on October 11, 1958 J. 30 December 30, 1953

E. As of the date of closing argument of the instant case, the Defendant occupied and used the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including branch numbers, if any), and the plaintiff's assertion of the purport of the whole pleadings is the owner of the land of this case. Thus, the defendant occupying the land of this case has a duty to deliver the land of this case to the plaintiff.

1) Defendant’s assertion 1) Enforcement Rule of the former Registration of Real Estate Act (amended by Supreme Court Regulation No. 2025, May 30, 2006; hereinafter “Enforcement Rule of the former Registration of Real Estate Act”).

According to Article 118 (1), where the holder of the last ownership of a overlapping registration form is different, when the ownership transfer registration for original acquisition or the completion of the repayment of distributed farmland is made only in one registration form with the grounds for registration.