1. The plaintiff's claim is dismissed.

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

1. Around January 13, 1966, the Plaintiff’s assertion C purchased from D B, Jinju-si, B, 149 square meters (hereinafter “instant land”) from D, and occupied and died on January 10, 195, while cultivating a worship, etc. without completing the registration of transfer of ownership.

Therefore, C acquired the instant land by prescription, and the Plaintiff, as the wife of C, independently succeeded to C’s rights and duties in consultation with other co-inheritors.

Meanwhile, while the land cadastre for the instant land was restored to the owner in the name of E on June 30, 1952, E cannot be recognized as the owner of the instant land since the presumption of right cannot be recognized in the above land cadastre.

Therefore, the instant land is owned by the Defendant Republic of Korea as a non-owned real estate. As such, Defendant Republic of Korea should implement the registration procedure for ownership transfer on January 10, 2015 with respect to the instant land on the ground of the completion of the prescription period for possession acquisition.

2. In order to acquire ownership of land through the completion of prescription under Article 245(1) of the Civil Act, 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 due to the acquisition of ownership should be applied, and the State which is merely a third party cannot file a claim for ownership transfer registration based on the completion of prescription.

(see Supreme Court Decision 2011Da37254, Apr. 26, 2012). Moreover, barring any special circumstance, land considered under a specific person’s name is presumed to be owned by the person under circumstances or his/her heir, barring any special circumstance, and whether the land owner is missing and thus becomes alive or dead.

Even if it is proved that he dies and there is no inheritor, or if the procedure for reversion of the land is not implemented in accordance with Articles 1053 through 1058 of the Civil Act, the land shall not be immediately owned by the State, and it shall not be owned by the State, and it shall not be owned by the State, unless it is a non-owned real estate.