1. It shall be confirmed that each real estate listed in the separate sheet is owned by the plaintiff;

2. The costs of the lawsuit are assessed against the defendant.

Basic Facts

Attached Form

According to the land cadastre of each of the lands listed in the list (hereinafter “each of the instant lands”), the real estate listed in paragraph (1) of the attached Table Nos. 1 is indicated as the real estate in March 25, 1914, and the real estate listed in paragraphs 2 and 3 of the attached Table Nos. 2 and 3 as the real estate in July 15, 1913.

Each land of this case is not subject to registration of ownership preservation.

C’s permanent domicile is Jeju E in the above address, and died on April 14, 1951 while residing in the above address, and on November 14, 1949, the Plaintiff, the president of F, succeeded to C’s family head.

[Based on recognition, Gap evidence Nos. 1 through 3 and 5 (including a serial number, hereinafter the same shall apply), and the purport of the whole argument of the plaintiff as to each of the lands in this case is unregistered land and the land cadastre No. 2 is the same as Eul and the same as the plaintiff's land cadastre No. 3.

Therefore, the plaintiff is the heir of C, and the defendant is disputing the plaintiff's ownership. Therefore, the plaintiff is seeking confirmation of the plaintiff's ownership of each of the above lands.

The plaintiff has no interest in seeking confirmation of ownership against the State in the summary of the defense before the merits of the judgment on the previous merits.

Judgment

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, 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 the registered titleholder, and the State continues to assert the ownership.

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009). The fact that each of the instant lands is unregistered is recognized as above. The Defendant denied the ownership of the Plaintiff on the ground that B, as indicated in the land cadastre of each of the instant lands, is a person different from B, and the Plaintiff is with respect to each of the instant lands.