1. The defendant on October 195, 1995 with respect to each real estate listed in the separate sheet to the plaintiff.

1. Basic facts

A. On October 1, 1913, the Land Survey Division of Gyeonggi-gun B, stating that C was under the assessment of 613 square meters prior to the Gyeonggi-gun, Yang-gun (hereinafter “Before subdivision”).

B. On December 1, 1959, the land before subdivision was divided into 59 square meters, 121 square meters, and 389 square meters prior to the G on December 1, 1959. The land before subdivision was divided into the area conversion registration on December 20, 197, and the change of administrative district name thereafter, the land was 195 square meters prior to the Namyang-si, Namyang-si, and 1,286 square meters prior to J (hereinafter “each land of this case”).

C. On October 5, 1995, the Defendant filed for registration of preservation of ownership (hereinafter “registration of preservation of this case”) with respect to each of the land of this case under the receipt No. 54323 (hereinafter “registration of preservation of this case”).

On February 20, 1979, the Plaintiff’s father’s permanent domicile is the Gyeonggi-gu L, and the above K jointly succeeded to the property by wife M, N,O, Plaintiff, P, and Q. The above N died on April 8, 1979 and jointly succeeded to the property by his spouse R, R, S, T, and U. The Plaintiff died on April 15, 1983 and jointly succeeded to the property by his children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

(a) The repayment register of distributed farmland or the farmland division for distribution is a document prepared to state matters necessary for repayment after the completion of the procedure for the confirmation of distribution farmland, and thus, the presumption of changes in rights cannot be recognized for such stated facts;

(see, e.g., Supreme Court Decision 2009Da87508, Apr. 15, 2010). Therefore, a person, other than the one who is the one who is the land situation in the Japanese era, is registered as the owner in the old land cadastre, distribution farmland repayment ledger, etc.

Even if so, the nominal owner cannot be presumed to be the owner.

However, there is any limitation to using the contents of the documents on the old land cadastre or the distribution of farmland as data for fact-finding on the change of rights, considering other circumstances.