1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The Plaintiff requested against the Defendant for the confirmation of ownership of the instant land and the cancellation of registration of ownership preservation in the name of the Defendant on the instant land. The court of first instance dismissed the part of the claim for ownership confirmation, and accepted the claim for cancellation of registration of ownership preservation.

Since the defendant only appealed against this, the subject of the judgment of this court is limited to the claim for cancellation of registration of preservation of ownership.

2. Basic facts

A. On September 25, 1911, Gwangju-gun, 658, D residing in Gwangju-gun C was under circumstances.

B. On May 31, 1958, the land category of Gwangju-gun was changed to a river on May 31, 1958 and became the land of this case after conversion into the area. The defendant completed registration of preservation of ownership on the land of this case on March 26, 1996.

C. On June 9, 1923, 1923, F, the Plaintiff’s prior owner, transferred the permanent domicile from the Gyeonggi-si K to the Gyeonggi-si E, and on February 2, 1934, G, the head of which died, solely inherited F’s property.

G died on June 21, 1962, and at the time, at the time there was N, who was a child and a family heir, the plaintiff, a married son, a married Ma, or a son, a married son.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings

3. Determination

A. The following circumstances acknowledged by the evidence and evidence that the Plaintiff’s prior to the existence of the Plaintiff’s prior to the same person and the title holder of the assessment, the fact-finding results on the Gwangju metropolitan market, and the purport of the entire pleadings, i.e., the Plaintiff’s prior-party F and D’s title holder are the same; ii) the Plaintiff’s prior-party F’s type H and the title holder of the assessment are all the legal domicile of the Plaintiff’s prior-party F, and i, the Plaintiff’s relatives were residing in a place consistent with the address of the title holder of the assessment; iii) the relatives of the Plaintiff’s prior-party F were deemed to have no permanent domicile in Gwangju; iv) the F and Yang-gunO and the same group P were set between Gwangju-si.