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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
Facts of recognition
A. The Plaintiffs are the successors of the deceased B (B; hereinafter “the deceased”).
B. On May 1, 1955, the instant real estate was unregistered and returned to the owner under the name of “D in C” on the old land cadastre, and there is no change in ownership on the register.
【In the absence of dispute, the Plaintiff’s assertion of the purport and purport of the entire pleading, and the Plaintiff’s assertion of the judgment, based on the premise that the instant real estate was owned by the Deceased.
Judgment
In light of the following circumstances, it is not sufficient to acknowledge that the deceased owned the real estate of this case solely on the basis of the above recognition facts, and there is no other evidence to support this. The plaintiff's assertion is without merit, since there is no other evidence to support this.
1) The land cadastre restored before the amendment of the Cadastral Act on December 31, 1975 is nothing more than arbitrarily restored for the convenience of taxation without any legal basis, and even if the name is indicated in the owner column, the presumption of rights cannot be acknowledged in that statement (see, e.g., Supreme Court Decision 95Da28601, Dec. 26, 1995). Therefore, even if D is indicated as the owner of the real estate on the land cadastre restored on May 1, 1955 as the owner of the real estate, it cannot be presumed as the ownership as indicated above, and no other document was submitted. 2) Furthermore, D on the land cadastre of this case cannot be concluded as the same person because there was a difference between the Plaintiff’s net B, the decedent of the Plaintiff, and the name of the same person.
3) In the detailed survey of the instant real estate conducted around around 1913, the owner of the instant real estate was indicated E. However, there was no specific assertion or proof as to the reason why the ownership of the instant real estate was transferred from E to the Deceased. 4) The Deceased.