All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

1. The plaintiff's assertion

A. On May 1, 1955, the Plaintiff’s wife cultivated land as the owner of the instant land, which is unregistered, and the name D was written as the owner after the process of recovery from the land cadastre.

B. C died on April 30, 1994, and the Plaintiff inherited the property solely through an agreement on the division of inherited property.

The plaintiff succeeded to the possession of the land of this case as the inheritor from April 1994, and has occupied the land in peace and public performance for not less than 20 years as the intention of possession from around April 194.

C. In order to apply for registration of ownership preservation, the Plaintiff’s primary confirmation of ownership is sought and filed for registration of ownership transfer based on the prescription period for possession acquisition, as it falls under the case where the right presumption is not recognized in the entry as to the owner of the instant land, who was solely inherited from the deceased C (hereinafter “the deceased”).

2. Determination on the claim for confirmation of ownership as the primary reason of inheritance

A. In the event there is a person registered as an owner on the land cadastre or the forest land cadastre, there is no benefit to seek confirmation of ownership against the State since the registration of ownership preservation can be completed by obtaining a judgment against the nominal owner, but there is no benefit to seek confirmation of ownership against the State, if the presumption of right against the owner of the land cadastre or the forest land cadastre is

Meanwhile, prior to the enforcement of the Cadastral Act as amended by Act No. 2801 on December 31, 1975, even if the name of the owner was written on the old land cadastre voluntarily restored by the competent authority for administrative convenience without any legal basis, the burden of presumption of rights is not recognized (see Supreme Court Decision 2010Da21757, Jul. 8, 2010).

We examine whether the deceased is the owner of the instant land.

1. According to Gap evidence No. 2-2, the case is examined.