1. Of each real estate listed in the separate sheet No. 1, each share in the separate sheet No. 1 is confirmed to be owned by the plaintiffs.

2...

1. Basic facts

A. On May 28, 1947, the land cadastre and the forest land cadastre of each real estate listed in the separate sheet (hereinafter “each of the instant lands”) indicated in the separate sheet, D (D) with the address in Gyeongnam-gun, Gyeongnam-gun, shall be indicated as the transfer of ownership.

B. The plaintiffs are children of the Haman-gun E in the main network F (F, death on December 21, 1977) and statutory shares of inheritance are 22/105, respectively.

(Calculation of Shares in Inheritance shall be as shown in Attachment 2). 【Calculation of Shares in Inheritance] / [Grounds for Recognition] / A, Evidence Nos. 1 through 15, and Evidence Nos. 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. As to the instant lawsuit against the Defendant, the State, seeking confirmation of ownership regarding the defense prior to the merits, the Defendant, as well as the registered titleholders in the land cadastre and the forest land cadastre, and the Plaintiffs, as well as the Plaintiffs, may make registration of ownership preservation after attaching documents proving the ownership of the network D and then making registration of ownership preservation. Accordingly, the Defendant’s claim for confirmation against the Defendant did not have a benefit of lawsuit.

However, according to Gap evidence No. 1 and Eul evidence No. 2, although the name of the first owner and the subsequent owner of each land of this case in the old land cadastre and the old land cadastre of this case and the old land cadastre of this case is written as one, the address is not written, or is written as Dong Ri Ri or Ri, but the date of birth is not written at all.

According to such facts of recognition, each of the instant lands constitutes a case where it is impossible to identify who is the registrant recorded in the register, and it is not possible to immediately apply for registration of preservation of ownership with respect to the deceased G’s heir who is merely registered as a transfer of ownership on the register. Therefore, the Plaintiffs are judged to have legal interest in seeking confirmation of ownership against the Defendant.

Therefore, the defendant's defense prior to the merits is without merit.

3. Determination as to the merits.