A. The land of this case, which was divided into 668 square meters and 35 square meters of a cemetery in the Gyeongdong-gun B, the Gyeongdong-gun, B, which was located before the division (hereinafter “instant land”). Each of the instant land is a unregistered land for which the registration of ownership has not been completed.

B. Each of the instant land was restored on June 20, 1955, and the land was indicated only as “D” and “E Dong” in the owner’s column for land cadastre, and the land is not indicated as “D” and “E Dong”.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 5 (including additional number), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. In the case of the Defendant’s assertion, since it cannot be deemed that the registrant on the land cadastre cannot be seen as unclear, the instant lawsuit against the Defendant does not have a benefit of confirmation.

B. (1) The claim for confirmation of land ownership against the State is not unregistered, and there is no registered titleholder in the land cadastre or forest land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is benefit in confirmation only when there are special circumstances, such as the State’s refusal of ownership by a third party who is the registered titleholder, and there is no benefit in confirmation.

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the ownership of the instant land and exceeding the bounds of the principle of free evaluation of evidence, and by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal, the court below did not err by misapprehending the legal principles as to the ownership of the instant land, as otherwise alleged in the ground of appeal.

3. Judgment on the merits

A. (1) According to the provisional land research division, the land owner of the instant land prior to the division is indicated as Fdong, D, and Fdong, the owner of the instant land prior to the division, is also the land Galkdong-gun, the Gyeongdong, the owner of the instant land, located in the instant land.