1. Revocation of a judgment of the first instance;

2. As to the Plaintiff, the Defendant is about the size of 159 square meters, Jeonsung-gun, Jeonsung-gun.

1. Basic facts

A. On June 20, 1915, the Jeonnam-gun D major 938 square meters (hereinafter “instant land before subdivision”) was assessed under the name of C on June 20, 1915. On July 20, 1972, the land category was changed to “road” as a result of the division of B-road 159 square meters (hereinafter “instant land”). The Defendant occupied the instant land as a road from around that time.

B. C was killed on May 24, 1943, and on July 28, 193, 1935, G, the son of F, succeeded to Australia and property due to practice, and G, the son of F, died on September 15, 1958 and succeeded to Australia and property.

C. On November 22, 2007, E died, and the Plaintiff, as an infant of E, succeeded to E’s property with her mother and her mother and her mother.

On October 24, 1978, the Defendant completed the registration of ownership transfer in the name of C due to the cause of subrogation of the right to claim the registration of ownership transfer of the instant land, which was unregistered as of October 24, 1978, from June 20, 1978 (hereinafter “instant registration of ownership transfer”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The registration of transfer of ownership filed under the name of the former owner after the death of the former owner has already existed, but the reason for registration has not yet existed, if the decedent lives in the case where inheritance has commenced with the person liable for registration, the heir would apply for the registration he applied for, or if there is no special circumstance, such as the death of the principal or his agent before completing the registration after receiving the application for registration with the registry official, it is not reasonable to recognize the presumption of the validity of the registration, and therefore, the registration filed under the name of the deceased is valid.