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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The land cadastre was indicated as being the owner on January 11, 1912 in the Gu land cadastre of 204 square meters (hereinafter “instant land”). The said land became the 674 square meters of the Sincheon-si B cemetery (hereinafter “instant land”) following the conversion of the area and the change of the administrative district.
B. The instant land has two graves installed with D, the father of the Plaintiff, and his wife, and as the south of the said D, the Plaintiff’s denial E and the Plaintiff had neighboring residents receive a punishment, or have the Plaintiff do so directly, and has been managing the said grave in order.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6, each entry or video (including provisional number), the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. 1) The Plaintiff asserts that: (a) D, the Plaintiff’s father, and C, the title holder of the land of this case, are the same person and are written in their names on the land cadastre; and (b) even if not, the Plaintiff asserted that the acquisition by prescription was completed by occupying and managing the land of this case for not less than 20 years as the cemetery of the fleet; (c) there is no ground that the Plaintiff is the same person, who is the Plaintiff’s father D and C, the title holder of the land of this case; and (d) the Plaintiff asserts to the effect that there is no interest in claiming the registration of ownership transfer against the heir of the title holder and claiming the confirmation of ownership against the Defendant.
B. 1) An applicant for preservation registration is entitled to apply for registration of preservation of ownership when a final and conclusive judgment is rendered in a lawsuit against the nominal owner that the relevant real estate is owned by the applicant for preservation registration. As such, a claim for confirmation of ownership against the State is unregistered land and is on the land cadastre or the land register.