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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. 원고들의 주장 원고들의 조부(祖父)인 망 C는 1960. 6. 15. 구미시 D 답 4,777㎡, E 유지 245㎡에 대한 소유권이전등기를 마쳤다.
The network C had previously occupied the land indicated in the separate sheet (hereinafter “instant real estate”) around the said land in a peaceful and public manner as its owner’s intent, and thereafter, through the networkF, the Plaintiffs succeeded to the possession of the instant real estate.
The land cadastre of the instant real estate is written G as the owner, but its personal information cannot be grasped. As such, the Plaintiffs seek confirmation of ownership of the instant real estate against the Defendant, the State.
2. The defendant's judgment on the main defense against the defendant's main defense asserts that the defendant's claim does not have the benefit of confirmation, since the completion of the prescriptive acquisition period alone does not acquire ownership.
Even if the period of prescriptive acquisition as prescribed in Article 245(1) of the Civil Act has expired, the acquisition of ownership does not take effect immediately, and the right to claim for registration for the acquisition of ownership is only created on the ground of this, and it cannot be deemed that the possessor acquired ownership even without registration only with the completion of the period of prescriptive acquisition (see, e.g., Supreme Court Decisions 94Da39123, May 9, 1995; 2006Da22074, 22081, Sept. 28, 2006; 2009Da9218, May 14, 2009). In order to acquire the ownership of land through the completion of prescriptive acquisition, in principle, the method of claiming ownership transfer registration against the owner at the time of the expiration of the prescription period, which would lose ownership, should be decided by the method of claiming ownership transfer registration against the third party, and there is no right or interest to claim ownership registration against the third party.
(See Supreme Court Decision 9Da2188 delivered on May 28, 199, see Supreme Court Decision 99Da2188 delivered on May 28, 199.