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1. Revocation of a judgment of the first instance;
2. As to the Plaintiff’s share of one-third of the size of 648 square meters, Defendant 1.
Reasons
1. On May 11, 1911, Nonparty C (C; hereinafter referred to as “assessment person”) was under the circumstance of Nonparty D and E jointly with Nonparty C, and KRW 196 (hereinafter referred to as “instant land”). The registration of preservation of ownership was not completed. ② The instant land has changed its lot number and size to 648 square meters in Cheongsung-si B on January 29, 2015; ③ the Defendant completed the registration of preservation of ownership of the instant land on April 11, 2005 under the premise that the Plaintiff’s joint heir did not have any dispute between the Plaintiff’s heir and 6, and the Plaintiff’s heir’s heir’s 8/10 of the inheritance of the instant land (the cause of the registration is the column for entry) and the Plaintiff’s heir’s 6/10 of the inheritance of the instant land (the Plaintiff’s heir’s 2/100 of the inheritance of the Plaintiff’s 10/7, 2011).
2. (1) Determination of the Plaintiff’s claim (1) The presumption of ownership preservation registration is broken if a person other than the title holder of the preservation registration is found to have received an assessment of the relevant land, and thus, the registration becomes null and void as long as the title holder fails to assert and prove the specific acquisition by succession, and the registration of ownership transfer completed based on the invalid registration of ownership preservation is also effective