The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. A person registered in the Land Survey Book as an owner is presumed to have become final and conclusive in view of the circumstances, unless there is any counter-proof such as the change of the circumstances by the adjudication, etc., and the presumption of registration of preservation of ownership is broken if a person other than the title holder is found to have undergone the relevant land. However, in order to seek implementation of the procedure for registration of transfer of ownership for the restoration of the true title of the real estate against another person who has completed registration of preservation of ownership as part of the exercise of the right to demand exclusion of interference with the real right based on ownership of the real estate, he/she must first prove that he/she may claim ownership as the true owner against the current title holder (see Supreme Court Decision 2006Da30921, Apr. 9, 2009). If it is not recognized that such title exists, the registration of preservation of ownership in the name of another person may not be accepted even if it is invalid.

Therefore, in a case where it is recognized that a person who registered the circumstances after the assessment was conducted the disposal of the land to another person, the person who registered the circumstances or his/her heir has no title to file a claim for the implementation of the procedure for the registration of ownership transfer for the restoration of the true name, and such claim cannot be accepted

(See Supreme Court Decision 2007Da79718 Decided December 24, 2008, Supreme Court Decision 2010Da108920 Decided April 28, 201, Supreme Court Decision 2010Da108920 Decided June 14, 2012, etc.). In addition, even if the name is indicated in the owner column on the old land cadastre restored before the amendment of the Cadastral Act on December 31, 1975, the right presumption cannot be recognized, and the distribution farmland repayment register or distribution farmland register needs to be repaid after the completion of the distribution confirmation procedure.