1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. 1) The Plaintiff’s land division, etc. is an abbreviationd name of Cri-ri (hereinafter “Cri-ri”) that gave the Chungcheongnam-nam prior to the split-off.

(2) Around October 31, 2001, the said land was divided into each land of D large-scale 1,290 square meters, E large-scale 249 square meters, and F large-scale 137 square meters. Of these, F large-scale 137 square meters were subdivided into F large-scale 104 square meters and G large-scale 33 square meters on February 18, 2002. F large-scale 104 square meters were converted into a road on February 20, 202, and the land category was changed into a road (hereinafter “instant land”).

(2) On February 25, 2002, the Defendant completed the registration of transfer of ownership on the ground of donation on February 21, 2002 (hereinafter “instant transfer of ownership”).

3) The instant land was merged with H roads, Chungcheongnam-gun, Chungcheongnam-gun, Nam-gun, on January 31, 2017. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1, and the purport of the entire pleadings.]

2. The gist of the Plaintiff’s assertion discussed the issue of compensation for the instant land with the original Construction Co., Ltd. (hereinafter “original Construction”) that had been implementing the I Apartment Construction (hereinafter “original Construction”) around February 2002. However, at the time, the said company was in bankruptcy and did not receive compensation, and there was no donation of the instant land to the Defendant.

Therefore, since the ownership transfer registration of this case was made without legitimate cause, it should be cancelled.

3. Judgment on the issue

A. In a case where the registration of ownership transfer is completed with respect to real estate in the relevant legal doctrine, not only the third party but also the former owner is presumed to have acquired ownership through legitimate grounds for registration. Therefore, the grounds for invalidation should be asserted in the disputing party. If the current state of true rights are publicly announced, the registration of real estate is valid even if it does not reflect the process or form that reaches the current state of true rights. Thus, the registration is not based on the grounds for registration entered in the register when the former owner acquires real estate from the former owner.