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

However, the registry of the instant land was destroyed, and the Plaintiff did not apply for the registration of restitution within the period of application for the registration of restitution of destruction.

Accordingly, the Plaintiff seeks confirmation against the Defendant that the instant land is owned by the Plaintiff in order to register ownership preservation on the instant land.

2. Determination as to the legitimacy of the instant lawsuit

A. The Defendant’s lawsuit on this case’s main defense is unlawful for the following reasons.

In other words, the lawsuit of this case has no interest in seeking confirmation of ownership against the state, it is unclear whether the plaintiff clan constitutes a clan listed on the land cadastre of this case, and if the plaintiff constitutes a clan listed on the land cadastre, registration of preservation of ownership of the land of this case can be made in the future of the plaintiff according to the relevant provisions,

B. We examine whether the instant lawsuit has interest in confirmation.

1) A claim for confirmation of land ownership against the State of relevant legal principles is an unregistered land and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only when there are special circumstances, such as the State continuously asserting state ownership while denying the ownership by a third person who is a registered titleholder (see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009). Under Article 45-2 of the former Land cadastre Regulation (Article 45-2, of the Ministry of Shipbuilding General, Apr. 25, 1914), the former Land cadastre Rule (Article 45-2, which provides that the ownership transfer shall not be registered on the land cadastre unless the notice by the registered public official is given. If the ownership transfer is registered on the current land ledger, the registration of ownership transfer was made on