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

A. On August 5, 1912, the old land registry entered “E” with the address “D Dong” as of August 5, 1912, with respect to the land of 1898 square meters, which is the land prior to the partition of the instant land. However, on April 25, 1989, the parcel number “F” was added to the address of E.

B. G, a heir of E, completed the registration of ownership preservation on the above land along with the above land cadastre on April 28, 1989, and G H completed the registration of ownership transfer on the above land on May 17, 1989.

C. Meanwhile, the instant land was partitioned on September 11, 2006 from the above land.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-1 to 3, Eul evidence 1, Eul evidence 1-1 to 3, Eul evidence 1-3, and the purport of the whole pleadings

2. The Plaintiff’s registration of the preservation of G’s ownership and the transfer of H’s ownership on the instant land are both null and void. Since E, the titleholder on the land cadastre, cannot be identified as the registrant because his address is unknown, the Plaintiff who acquired the ownership of the instant land by prescription against the Defendant is seeking confirmation that the instant land is owned by the Plaintiff.

3. Determination as to the defendant's defense prior to the merits

A. The defendant asserts that the lawsuit of this case is unlawful since there is no benefit of confirmation.

B. The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation and the determination by the confirmation judgment is the most effective and appropriate means in order to eliminate the risk of uncertainty when the plaintiff's legal status is at risk.

Any third party, other than the State, who asserts that he/she is a legitimate owner of the land for which ownership transfer registration is made, shall obtain a judgment against the title holder of the registration to confirm his/her ownership, and there is no benefit to seek confirmation of ownership against the State.

b) against the State.