1. The instant lawsuit shall be dismissed.

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

1. On October 27, 1949, the Plaintiff’s assertion was owned by C in accordance with the assessment in 1932, and sold to the Plaintiff for KRW 860,000, and currently owned and managed the land.

However, as C died on January 5, 1950, it is difficult for the plaintiff to register the ownership transfer in the future.

Therefore, the Defendant is obligated to confirm that the above land is owned C, and C’s inheritors are obligated to implement the registration procedure for ownership transfer of the above land to the Plaintiff.

2. A claim for the confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and its registrant is unknown on the land cadastre or forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where special circumstances exist, such as the State continuously asserts the ownership.

(Supreme Court Decision 2009Da48633 Decided October 15, 2009). In the instant case, there is no evidence to acknowledge that the Defendant recognized that the said land was owned by C, and otherwise there is no benefit to the Plaintiff to seek confirmation against the Defendant that the said land was owned by C.

Thus, the lawsuit of this case is dismissed as it is unlawful because there is no benefit of confirmation.