The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. The ownership was transferred to the Defendant’s name on May 4, 1995 pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502) with respect to the land before the division (hereinafter “land before subdivision”).

B. The land before the division was divided on February 26, 2008 was divided into D large 268 square meters and C large 605 square meters (hereinafter “instant land”).

On February 26, 2008, the ownership of the instant land was changed due to the sale by the Defendant on February 15, 2008 under the name of the Defendant.

(c)

The defendant newly built a house on May 1, 1992 on the land of this case, and up to now the defendant's relative residing.

[Grounds for Recognition] Uncontentious Facts, Gap 1 through 4, Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff purchased the land before subdivision from the former owner E, and the Defendant voluntarily completed the registration for the transfer of ownership in the name of the Defendant.

On February 15, 2008, the Plaintiff purchased the instant land from the Defendant and completed the registration of ownership transfer.

The Defendant owns a house on the ground of the instant land.

B. The Defendant’s father G purchased the part of the instant land from Defendant fatherF, and completed the registration of the transfer of ownership of the entire land before subdivision.

Upon the Plaintiff’s request for return, the Plaintiff consented to the transfer of ownership and issued a certificate of seal impression with the head of the Plaintiff. The Plaintiff voluntarily completed the registration of transfer of ownership in the name of the Plaintiff on the instant land.

3. Determination

A. According to the facts of the above recognition and each evidence, registration under the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate is presumed to be a registration that conforms to the substantive legal relationship (see Supreme Court Decision 2005Da2189, Apr. 29, 2005, etc.). Thus, registration of transfer of ownership in the name of the defendant with respect to the land before subdivision is presumed to be a valid registration, and ② The plaintiff and the defendant are presumed to be a valid registration in this court on Nov. 17, 2020.