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 June 17, 1989, the former 123 square meters of the land before the previous 3,716 square meters (hereinafter “land before subdivision”) was divided into D, and the former 803 square meters of the land was divided into E, and then 2,780 square meters of the previous 2,780 square meters of the land was divided into B on July 8, 1999 (hereinafter “instant land”). The instant land is the Plaintiff’s State property managed by the National Tax Service.

B. The F, while taking charge of the affairs related to the sale of state property and the change of the name of the purchaser, received the disposition of state property by borrowing the name of his family, relative, and forging a bidder’s registration certificate, etc. In the process, F, around July 5, 1974, registered G with his expulsion as a false bidder around July 5, 1974, and forged a sales certificate, etc. as if sold to G through the public auction procedure on July 8, 1978.

(hereinafter “instant criminal act”). C.

After that, the defendant received the registration of ownership transfer from the above G on November 21, 1987 due to sale on July 8, 1974.

However, F filed a final appeal with the Supreme Court by sentenceing 7 years to the Gwangju High Court by 94No228 due to the instant criminal act, etc., but the Supreme Court dismissed the said final appeal by 94Do2048 October 21, 1994, which became final and conclusive as it became final and conclusive.

E. Meanwhile, in order to preserve the right to claim for ownership transfer registration of the instant land against the Defendant, the Plaintiff filed an application for provisional injunction against the Defendant on June 5, 1997 with the Gwangju District Court Decision 97Kadan2299 (hereinafter “instant provisional injunction”), and the Defendant filed an application for cancellation of the said provisional injunction on the ground that the instant provisional injunction had not been filed within 10 years from the enforcement of the instant provisional injunction by the Gwangju District Court Branch Branch Branch Branch Office 2016Kadan679 (hereinafter “instant provisional injunction”). The instant provisional injunction was revoked on July 20, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8.