1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 2, 1934, the land of this case was sold on April 2, 1934, and the ownership transfer registration was completed in C in the name of March 30, 1934.

B. Meanwhile, the Plaintiff is the head of E whose legal domicile is the Nam-gu, Gwangju, died on March 20, 1945, and the head of E died on September 19, 1952, and the Plaintiff, the head of F, is the sole heir of E.

[Ground of recognition] Facts without dispute, the whole purport of pleading

2. The purport of the Plaintiff’s assertion is that the nominal owner C on the registry of the instant land is the same as the Plaintiff’s lighting, and the instant land is owned by the Plaintiff who succeeded in succession after the death of E, and accordingly, sought confirmation that the instant land is owned by the Plaintiff.

3. The defendant's judgment on the defendant's main defense does not dispute that the defendant's land in this case is owned by C, a title holder on the register, and thus, the plaintiff's lawsuit in this case is unlawful because it has no interest in confirmation.

A. In a lawsuit for confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is the most effective and appropriate means to determine as the confirmation judgment in order to eliminate such apprehension and danger when the legal status of the plaintiff is unstable and dangerous.

Any third party, other than the State, who asserts that he/she is a legitimate owner of the land for which ownership transfer registration is made, shall obtain a judgment against the title holder of the registration to confirm his/her ownership, and there is no benefit to seek confirmation of ownership against the State.

A claim for confirmation of land ownership against the State is unregistered, and there is no registrant on the land cadastre or forest land cadastre, or the identity of the registrant is unknown, and the State denies that the land is owned by a third party who is a registered titleholder.