2. The costs of the lawsuit are assessed against the defendant.

A. The land cadastre of C 180 square meters (hereinafter “land before subdivision”) at the time of Jinjin-si, D is the land cadastre of D 1912 (hereinafter “the land before subdivision”).

3. On December 17, 1920, after the assessment of the above land was conducted, it was registered that the ownership was transferred to F (G) who resides in Jin-gun E.

B. The land before subdivision was divided into 60 square meters and B-road 119 square meters (hereinafter “instant land”) through the division and land category change on November 15, 1941.

The instant land is unregistered, and the F (G) residing in “E” is registered as a transfer of ownership on December 17, 1920 by December 17, 1920.

C. On May 1, 1947, the Plaintiff’s assistance division H (G) who lived with the legal domicile in the Chungcheongnam-gun E, Chungcheongnam-gun, Chungcheongnam-gun, as the family heir, succeeded to the H’s property as the family head’s heir.

On the other hand, I died on March 26, 1966, and as his heir, there was M, N, and the Plaintiff, as the substitute heir of the wife J (Death, December 27, 1967), G, and Konam L (Death, October 3, 1964). On August 1, 2015, the Plaintiff, K, M, and N agreed on the division of inherited property with the content that the land in this case is owned by the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination on the defense prior to the merits

A. The Plaintiff’s lawsuit of this case by the Defendant is unlawful as there is no benefit of confirmation.

B. Determination 1) A claim for confirmation of land ownership against the State is unregistered, 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 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 the State continues to assert ownership (see, e.g., Supreme Court Decision 2010Da45944, Nov. 11, 2010). In addition, registration of ownership preservation on land is first based on the land cadastre or forest land cadastre.