1. The instant lawsuit shall be dismissed.

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

1. Around 1950, C, the Plaintiff’s husband, purchased a 2,255 square meters worth (hereinafter “the instant real estate”) from D in the first place of the Plaintiff’s assertion, and was a farmer in the instant real estate, and as the Plaintiff’s grandparents died, E, the Plaintiff’s first-born, succeeded to the Plaintiff’s possession, and installed a grave in part of the instant real estate, and installed a grandparent’s funeral in part of the instant real estate.

Since then the death of the Plaintiff’s parents, the Plaintiff installed a parent’s grave in part of the instant real estate and managed the instant real estate by planting trees, etc. in other parts.

Therefore, since the Plaintiff succeeded to the possession of the instant real estate, which is unregistered real estate, and has occupied and managed it for not less than 65 years, the Defendant is obligated to verify that the Plaintiff had ownership of the instant real estate against the Plaintiff.

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

A. As to the above Plaintiff’s assertion prior to the Plaintiff’s merits, the Defendant asserts to the effect that there is no interest in confirmation on the Plaintiff, since the land in this case is not a nominal owner registered on the land cadastre or the forest land cadastre, and it cannot be readily concluded that the registered titleholder cannot be identified.

B. Under Article 245(1) of the Civil Act, in order to acquire the ownership of land through the completion of prescription, it is necessary to use the method of filing a claim for ownership transfer registration against the owner at the time of the completion of prescription that would lose ownership, and there is no benefit to seek confirmation of the ownership of the State, which is merely a third party.

In addition, even if the period of acquisition by prescription is completed, it is not only the effect of acquisition by ownership, but also the right to request registration for acquisition by ownership is generated on the ground of it.