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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on this safety defense
A. As to the Defendant’s defense that the Plaintiff had ownership over each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Defendant asserts that there is no benefit in confirmation, since B is written in the land cadastre for each of the instant real estate as the title holder, and it does not constitute a time when the title holder is either unknown or unknown, and further, the Defendant did not assert that the ownership of the title holder of the above registration is denied and that it is owned by the Defendant.
B. (1) The claim for confirmation of the ownership of land against the country of relevant legal doctrine is not unregistered, and there is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit in confirmation only when there are special circumstances, such as the State's denying the ownership of a third party as the registered titleholder, and the State continues to assert the ownership.
(2) In light of the above legal principle, in light of the purport of the entire pleadings, each of the real estate of this case was divided into 656 square meters prior to Ulsan-gu C, Ulsan-do, and the fact that each of the real estate of this case was unregistered as of 656 square meters prior to Ulsan-gu C, and the fact that Eul was registered as the owner whose ownership was transferred on July 22, 1976, on March 10, 1912, on the land cadastre of 656 square meters prior to Ulsan-gu, the land cadastre was assessed on the land cadastre of 209Da48633, Oct. 15, 2009, and thereafter, on July 16, 1914, E registered as the owner whose ownership was transferred.
According to the above facts of recognition, in the case where there is an indication of the person in charge of assessment in the land cadastre for the area of 656 square meters in Ulsan-gu, Ulsan-gu, Seoul-do before division, and the defendant did not assert the ownership of each of the real estate in this case, the plaintiff asserted as E's heir before division.