1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Forest land written in the purport of the claim (hereinafter “instant land”) is land on which D is assessed.

B. The Defendant completed the registration of ownership preservation on the instant land, as stated in the purport of the claim, in accordance with Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (No. 4502).

[Reasons for Recognition] The entry of Gap 2, 3, and 4 and the purport of the whole pleadings

2. The Plaintiff’s selective E purchased the instant land from D, and completed the registration of ownership transfer on April 23, 1929, and the Plaintiff inherited the instant land alone.

The defendant completed registration of preservation of ownership of the land of this case by using a false letter of guarantee, etc. on the basis that the registry and cadastral record of the land of this case were destroyed by Korean War.

Therefore, the defendant is obligated to cancel the registration of preservation of ownership to the plaintiff.

3. In order to seek cancellation of the registration in another person’s name, which was completed in relation to the real property, as part of the exercise of the right to demand a removal of interference based on the ownership of the real property, an affirmative assertion should be given to the person who has the right to demand a cancellation thereof, and if such right is not recognized, the claim may not be accepted even if the registration in another person’s name is the invalid registration to be cancelled.

Therefore, we examine whether the Plaintiff is entitled to exercise the claim for exclusion of disturbance based on ownership as the final heir of E who purchased the instant land from D, the title holder of the instant land.

First, we examine whether E purchased the instant land from D and completed the registration of ownership transfer.

The plaintiff submitted evidence to support the above facts as evidence Gap 1 (certificate of sale), but Gap 1's certificate cannot be admitted as evidence because it is difficult to recognize the authenticity in light of the following points.

There is no evidence to acknowledge the above facts.

(1) An appraiser F.