The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

1. Since the land of this case asserted by the plaintiffs was acquired in original condition by the deceased J, the part of the plaintiffs' capital increase, the land of this case is owned by the plaintiffs, who are the inheritors of the situation-based heir.

Since the land in this case is unregistered land whose land is not yet restored, and there is no land cadastre or cadastral map, there is a benefit to seek confirmation of ownership against the defendant.

2. The Defendant’s judgment on the instant safety defense is to the effect that the instant lawsuit is unlawful as there is no benefit of confirmation.

If a claim for confirmation of land ownership against the State is unregistered and there is no registered titleholder in the land cadastre or forest land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, if the presumption of right is not recognized in the entry of the owner of land cadastre or forest land cadastre for unregistered land or forest land cadastre, or if there are special circumstances, such as denying the ownership of a third party registered by the State and continuing to claim state ownership, there is benefit in confirmation.

On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of the registered titleholder stated in the register, it means correcting the identity of the person entered in the register without changing the identity of the person entered in the register.

Therefore, if a registration is made on land, the entry of the holder of the title on the register does not coincide with the actual entry.

Even if the identity of personality is recognized, it is possible to register the change of indication of the registered titleholder, and there is no benefit to seek confirmation against the State on the actual ownership.

(see, e.g., Supreme Court Decision 2015Da230815, Oct. 27, 2016). In addition to the respective descriptions of the evidence Nos. 2 and B No. 1, the registration of preservation of ownership due to recovery was completed with respect to 268 E, L, M, N, andO, respectively.