The defendant is the defendant on June 24, 1959 with respect to the plaintiff with respect to the area of 311 square meters prior to the Namyang-si in Gyeonggi-do.

1. Basic facts

A. The land survey division prepared during the Japanese occupation period is indicated in the G (D; hereinafter “the land survey division”) that the Gyeonggi-do total 841 square meters (hereinafter “the mother land of this case”) was an assessment against both Yang-gun-gun-gun-gun, Seoul (hereinafter “the land survey division”).

B. The land was divided from the mother land of this case on December 30, 1958, with the area of 311 square meters prior to the Namyang-si, Gyeonggi-do (hereinafter “instant land”).

C. On June 24, 1959, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) as the receipt No. 3017 of the receipt of the Republic of Korea District Court Namyang District Court’s receipt of the instant land as to the instant land.

The plaintiff is the spouse of the non-party E who died, and the above E is the children of the non-party F who died on May 22, 1997. The above F is the children of the non-party G who died on May 5, 1997. The above G is the children of the non-party H who died on January 20, 1993. The above H is the head of the non-party I who died on February 1, 1958.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 7 (including paper numbers), and the purport of whole pleadings

2. Determination

A. In full view of the evidence mentioned above (1) as well as the fact-finding results of the court's determination on the cause of the claim, and the fact-finding results of the National Archives of this Court, the assessment titleholder of the land in this case and the above E's preference I can be recognized as the same person.

[In particular, the permanent domicile of E is Gyeonggi-do, and according to the inquiry results of the National Archives of this Court (No. 33-41 pages) of this Court, I submitted a prop report on the mother land of this case at the time of farmland distribution] (2) If a person who is the land owner under the former Land Survey Decree (No. 2 of August 13, 1912) acquires the relevant land at the time of original acquisition, he/she becomes the nominal owner or his/her heir is the land owner, and even if the State treats the land as non-owned real estate.