1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The land of this case is indicated as unregistered land and C on August 3, 1914, the land of this case is indicated as assessment of the land of this case, but no personal information, such as C’s address or date of birth, is indicated therein.

B. On November 4, 2016, the Plaintiff filed a lawsuit against C with the Jeonju District Court 2016Da32461, and rendered a favorable judgment against the Plaintiff on September 13, 2017, stating that “C shall implement the procedure for the registration of ownership transfer based on the completion of prescriptive acquisition on September 12, 2013 with respect to the instant land,” which became final and conclusive on September 28, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 10 through 12, and the purport of the whole pleadings

2. The assertion and judgment

A. In order to preserve the right to claim the registration of transfer of ownership of the instant land against C, the Plaintiff alleged that the instant land is owned by C in subrogation of C in order to preserve the right to claim the registration of transfer of ownership of the instant land under C.

B. In light of the determination, the claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, and there is no special circumstance where the State denies the ownership of a third party who is the registered titleholder and continues to assert the ownership (see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994).

In the case of the instant land, C was under the assessment of August 3, 1914, and the fact that the personal information, such as C’s address and date of birth, is not indicated, as seen in the above recognition. However, such circumstance alone does not reveal who is the name of the assessment titleholder.

It is difficult to see that the heir is not known, and the defendant is the defendant.