1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 20, 1927, the real estate of this case is currently unregistered, and the forest survey report prepared with respect to the real estate of this case contains that D, the Plaintiff’s increased portion of the real estate of this case, was investigated.

D The D died on April 17, 1970, and on February 6, 1950, E, the father of D, who was the father of D, died first, and on November 24, 1989, the father of D died.

B. On June 26, 1965, G was restored to the owner of the instant real estate in the forest cadastral book, and was stated as the “report” in the area of accidents in the forest cadastral book.

On December 30, 1965, the cadastral records of the instant real estate were restored.

C. G died on April 1, 1971, and H died on September 22, 1990. The Defendant is H’s child.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3, 5, 6, and 7, and the result of each fact inquiry about I

2. Determination on the lawfulness of the instant lawsuit

A. The Plaintiff’s assertion D, as the Plaintiff’s assertion, was examined as real estate of this case.

However, as between the heir's failure to complete registration of preservation of ownership, G with no title to the real estate of this case was registered on June 26, 1965 as owner restoration in the forest land register.

However, there was no basis for the restoration of land cadastre in the Cadastral Law, which was enforced at the time, and the restoration was made by the general report.

Therefore, the Defendant, who is the inheritor of G, is obligated to confirm that the owner of the instant real estate is the Plaintiff, who is the inheritor of D.

B. In a case where there is a person who has been registered as an owner in the registry, land cadastre, or forest land cadastre with respect to a certain parcel of land determined, when a final and conclusive judgment that the pertinent real estate is owned by the applicant for registration of preservation is obtained in a lawsuit against the nominal owner, the application for registration of preservation of ownership may be filed. Therefore, in principle, there is a benefit in verifying the ownership against