1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the process of change of ownership, the process of change of ownership following the registration of the Korea Shipbuilding Trust Co., Ltd., which was registered as the ownership holder on December 16, 1938 on the ground of transfer of ownership on the old land cadastre as to the 1,035 square meters (hereinafter “instant land”).

On March 4, 1950, the type of registration of the owner on the date of registration: C Ownership transfer on October 10, 1946; on June 29, 1985, the transfer of trust property on June 20, 1985, which was due to the termination of the trust on May 20, 1950; and on August 30, 1989, the Daegu District Court's final and conclusive decision on August 11, 1989, the cancellation of D Ownership transfer on August 11, 1989, issued on August 11, 1989; and

B. Land category of the instant land was originally changed to “maintenance” on December 8, 1948.

C. Part of the instant land among the instant land is the site and embankment of the “E” reservoir, which is currently managed by the Plaintiff, and the remainder is dry field.

(The Defendant’s assertion reveals that approximately KRW 642 square meters of the instant land is E’s site and embankment, and the remainder of approximately KRW 393 square meters is an implied dry field).

On January 19, 1985, while establishing and managing the “E”, the “E” transferred the E facilities to the Doldong Farmland Improvement Association.

However, according to the documents such as the facility site record prepared at the time of the transfer, the drawing of the land to be transferred includes the land of this case within the boundary of the reservoir marked by yellow, but the list of the land to be transferred does not contain the land of this case.

(A) On January 19, 1985, the owner of the instant land at the time of the said transfer, as shown in the table of Paragraph (a) above, was not C, but C.

D In the course of the lawsuit on the ownership of the instant land, the Daegu District Court 88Kadan5928 (Seoul District Court 88Na8690) cancelled the registration of ownership transfer against lurg-gun with respect to the instant land.