1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Determination as to the legitimacy of the instant lawsuit

A. The defendant asserts that the lawsuit of this case against the defendant is unlawful as there is no benefit of confirmation, seeking confirmation that each land listed in the separate sheet (hereinafter referred to as the "land of this case") is owned by the plaintiff (appointed party) and the designated party.

B. A claim for confirmation of land ownership against the State is not a land cadastre and is not a registered titleholder on the land cadastre or forest land cadastre, or it is not known who the registered titleholder is, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is a registered titleholder, and the State continues to assert the ownership.

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). According to Article 4(2) of the former Land Conservation Rule (No. 45 of the Ministry of Maritime Affairs and Fisheries of April 25, 1914), with respect to the transfer of ownership, the transfer of ownership is prohibited on the land cadastre without a public official’s notice as to the transfer of ownership. Thus, if a transfer of ownership is registered as a transfer of ownership in the name of the decedent on the land cadastre at the time of the registration, the transfer of ownership was made in the name of the decedent on the above date and time, and the registration is deemed destroyed and lost

(See Supreme Court Decision 92Da43975 delivered on August 24, 1993). In full view of the written evidence Nos. 1 and 2 (including the provisional number) and No. 1 and the overall purport of the pleadings, as shown above, B obtained ownership transfer registration on December 24, 1946 on the old land cadastre of this case. Thus, if the ownership transfer registration of B was made on December 24, 1946 and the registry was destroyed later, it is reasonable to deem that the ownership registration of this case was made on December 24, 194, and the ownership registration was not made within the period of the registration for recovery of loss, the land cadastre transfer registration was obtained.