1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 20, 1912, the previous 265 square meters (hereinafter “instant land”) was unregistered after the previous 265 square meters was assessmented in C on October 20, 1912.

B. The block structure, straw studio housing, 30.8 square meters are located on the ground of old-si D(E on January 12, 2006) in the old-si.

[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 2, Evidence No. 1-1, Evidence No. 1-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the land in this case belongs to the State-free real estate because it was impossible to find the descendants of C, a person under the circumstance, and thus, the land in this case belongs to the State-free real estate. Since the plaintiff newly constructed a house on the ground of this case on January 22, 191, and occupied it in a peaceful and public performance up to now, the defendant asserts that he is liable to implement the procedure for ownership transfer registration on January 22, 201 for the land in this case.

B. To file a claim for the registration of ownership transfer on the ground of completion of the prescriptive acquisition of the judgment land, it must be filed against the owner as at the completion

(See Supreme Court Decision 96Da53420 delivered on April 25, 1997). Moreover, land considered under a specific person’s name is presumed to be owned by the person under circumstances or his/her heir, barring any special circumstance, and whether the land owner was missing and thereby his/her life or death is unknown.

Even if it is proved that he dies and there is no inheritor, or if the procedure for reversion to the State under Articles 1053 through 1058 of the Civil Act is not implemented, the land shall not be immediately owned by the State, and it shall not be owned by the State.

(See Supreme Court Decision 98Da59132 delivered on February 23, 1999). In light of the fact that the land of this case was under C’s name, barring any special circumstance, the land of this case shall be presumed to be owned by C, and if it is deceased, it shall be deemed to be the heir.

As seen earlier, C on October 20, 1912, the instant land.