1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

1. Basic facts

A. The land of this case (hereinafter “instant land”) is currently unregistered in the state of no registration, and in the land survey register prepared under the Land Survey Decree during the Japanese occupation period, D is written as its owner in the old land cadastre restored on July 18, 1973.

B. On January 21, 2016, the aforementioned D died, and D’s inheritors entered into an agreement on the division of inherited property on July 4, 2018 with the purport that “D’s wife B (hereinafter “B”) solely succeeds to the instant land.”

C. B sold the instant land in KRW 49.5 million to the Plaintiff on July 4, 2018.

[Ground of recognition] The fact that there has been no dispute, Gap's 1, 3 through 5, Eul's 2 (including each number), the purport of the whole pleadings

2. The purport of the Plaintiff’s claim is as follows: (a) the instant land purchased from G and succeeded to B, or succeeded to D’s possession, and was acquired by prescription for at least 20 years until July 4, 2018; and (b) the Plaintiff, who has the right to claim registration of ownership transfer against B, in subrogation of B, sought confirmation against the Defendant as to the fact that the instant land was owned by B.

3. Determination on this safety defense

A. Since a title holder of land under the former Land Survey Order has originally acquired the relevant land, if the land survey register was prepared and circumstances were made to the group of persons under the former Land Survey Order, the title holder or his/her heir becomes the owner of the land (see, e.g., Supreme Court Decision 2002Da43417, May 26, 2005). Even if the name was written on the old land cadastre voluntarily restored for administrative convenience without any legal basis before the enforcement of the Cadastral Act amended by Act No. 2801, Dec. 31, 1975, without any legal basis, prior to the enforcement of the Cadastral Act (amended by Act No. 2801, Jul. 8, 2010; see, e.g., Supreme Court Decision 2010Da21757, Jul. 8, 2010).