1. The instant lawsuit shall be dismissed.

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

1. Determination on the defense prior to the merits

A. The defendant asserts that the right of ownership confirmation against the State is unregistered, and there is no registered titleholder on the land cadastre or the forest land cadastre, and there is a benefit of confirmation only when there are special circumstances, such as the State's refusal of ownership by a third party who is a registered titleholder, and there is no benefit of confirmation. The lawsuit of this case does not fall under the above cases, and thus there is no benefit of confirmation.

As to this, the plaintiff is the father of the plaintiff, who is the owner on the register of each real estate of this case, and the plaintiff applied for the inheritance registration by inheritance of each real estate of this case through an agreement on the share of inheritance, but the registrar dismissed it on the ground that the identity of D, the owner on the register and D, the plaintiff's loss, is not recognized, and thus, there is a benefit to seek confirmation

B. A lawsuit for confirmation of judgment requires the benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate risks existing in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da208255, Mar. 15, 2017). In particular, in cases where a claim for confirmation of land ownership against the State is unregistered and the land is no registered and its land is no registrant or its registrant is unknown in the land cadastre or forest land register, there is benefit of confirmation only in extenuating circumstances, such as where the State denies the ownership of a third party and continues to claim state ownership.

However, when applying for the registration of ownership transfer due to inheritance, it is on the register.