1. The defendant shall accept on May 3, 1996, the Daegu District Court and the Mayor of the Daegu District Court with respect to the size of 1125 square meters in racing for the plaintiff.

Basic Facts

The following facts may be recognized as either a dispute between the parties or as a whole by taking into account the respective descriptions of Gap evidence Nos. 1, 2, and 3 (including a serial number) and the whole purport of the pleadings:

The plaintiff is a clan that makes the five descendants E of C Jung-sion as a joint ancestor.

B. On January 26, 1943, the ownership transfer registration was completed in F (F and address: G in Sung-gun G) with respect to the land of 1125 square meters (hereinafter “instant land”).

C. The defendant completed the registration of ownership transfer on May 3, 1996 on the land of this case on September 11, 1948.

2. Summary of the parties' arguments

A. The Plaintiff completed the registration of one’s own land in the 1940s, but the Plaintiff made the name “A” as the deceased in order to appear as if natural persons were registered, and further registered the instant land in the name of “F” with the name of “F” as if the name of “F” was changed.

However, the Defendant mispers itself as Japan who had been residing in the Republic of Korea during the Japanese occupation period of F, and completed the registration of ownership transfer based on the reversion of rights to the instant land.

Therefore, since the ownership transfer registration that became effective in the defendant's future is invalid, it should be cancelled.

B. Since the Defendant cannot be deemed as the same party as F, the instant land cannot be deemed as the Plaintiff’s ownership.

Even if the Plaintiff is the same as F, since the Defendant’s acquisition of the instant land on May 3, 1996 by possession of the instant land in good faith, public performance, and without fault as owned by the intention of the Plaintiff until now after the registration of ownership transfer on the instant land was completed, the statute of limitations for the acquisition of the registry of the instant land was completed on May 3, 206.

Therefore, registration in the future of the defendant is valid in accordance with the substantive relations.

3. Determination

A. The relationship is already finalized even if the plaintiff is not bound by the facts recognized in the judgment of other civil cases, etc. in a civil trial as to whether it is the same party as F.