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

The grounds of appeal are examined.

A person who is assessed as a landowner in a land survey project conducted under the Land Survey Order in the Japanese colonial Period shall acquire the ownership of the land in question in a primary and creative manner, and the situation shall address the starting point of the land ownership relationship.

In addition, despite the probability that there was a significant cause of change in the transaction of land and other legal relations for a long period of time from the land situation to the year of 100 years, the former part of our society, and other significant social and economic changes or the trend of use, etc., the descendants of the person under the circumstance can easily prove the acquisition by succession of the land ownership, which had the person under the circumstances, based on the comprehensive cause of succession to the right of inheritance.

Considering these circumstances, in a case where a person asserts that he/she succeeded to ownership by inheritance as a successor of the title holder of assessment, his/her identity with the title holder and the title holder of assessment must be strictly proved, so that the judge can have convictions as to such fact, and such fact may not be inferred without permission even though he/she took place under circumstances that may raise doubt as to such fact (see, e.g., Supreme Court Decisions 2009Da45924, Nov. 26, 2009; 201Da56972, Nov. 24, 2011). The lower court determined that the forest survey paper prepared during the Japanese colonial rule and the real estate listed in the annexed Table 1 of the lower judgment (hereinafter “instant real estate”), stated “F with his/her address in the forestry register for the real estate listed in the annexed Table 1 of the lower judgment,” and stated the following facts in QU as “IT’s spouse’s name or spouse’s name attached thereto.”