소유권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 20, 1918, the registration of the situation was made in the name of Nonparty D, who had an address in the Gu forest register for Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do, with a view to the 5,950 square meters of forest land B before the basic fact was divided.
On March 20, 1979, E forest land was divided into “1,687 square meters” and “2 of land remaining after the registration conversion was made in the said land before the said land was divided is the land indicated in paragraph (1) of the attached Table.
Each land listed in the attached list (hereinafter referred to as “instant real estate”) is currently unregistered.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2-1, 2, Eul Nos. 1 through 6, the purport of all pleadings
2. The assertion and judgment
A. The Defendant asserts that the instant real estate was unregistered land and its owner was registered in the registry according to the circumstances at the time of the land investigation, and the address of the owner was not registered. As such, Nonparty D, the owner of the instant real estate, filed an application for change of address with the competent cadastral authority according to the certificate on family relations records, and filed for registration of address with the competent cadastral authority. Thus, the instant lawsuit did not have a benefit of confirmation
A registration of preservation of ownership may be applied for by a person registered as the first owner in the land cadastre, forest land cadastre or building register, his/her heir, general successor, a person who proves his/her ownership by a final judgment, or a person who proves his/her ownership due to expropriation. A request for confirmation of ownership against the State shall be made only when the land is unregistered and the land is no registered, and it is impossible to identify the title holder or who is the title holder of the registration, or when the State denies the ownership of a third party who is the title holder of the registration or the registration, and there is a benefit
(See Supreme Court Decision 2009Da48633 Decided October 15, 2009). However, real estate in this case is unregistered, and D’s address is no longer accessible.