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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The previous 1,121 square meters of land B (hereinafter “instant land”) is unregistered land for which the registration of ownership has not been completed.
B. On June 20, 1955, the land cadastre of the instant land was restored by cadastral recovery and was written “C” in the owner’s column and “E” in the owner’s address column, and the land cadastre was not written.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the claim for ownership confirmation (main claim)
A. The Plaintiff’s assertion had been continuously occupied as farmland by purchasing the instant land from C before about 40 years ago, and using it as farmland. As such, the prescriptive acquisition of the Plaintiff’s possession of the instant land was completed.
Since the instant land is unregistered, it is necessary for the Plaintiff to first complete the registration of ownership transfer for the reason of the completion of the prescriptive acquisition against C in order to seek the registration of ownership transfer for the instant land.
However, since the land cadastre of this case does not contain a lot number C, it is sought from the defendant to confirm the ownership of C (Gyeongbuk-gun D) as to the land of this case.
B. Benefits of confirmation 1) The claim for confirmation of land ownership against the State is unregistered and the land is not known to the registrant in the land cadastre or the forest land cadastre or the forest land cadastre, and there are benefits of confirmation only in cases where there are special circumstances, such as denying the ownership by a third party who is the titleholder of the registration or the land cadastre, and continuing to claim state ownership (see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009). The land cadastre of this case is indicated only as “E” and the land cadastre of this case does not specify who is the registrant. Thus, the Plaintiff seeking confirmation of land ownership of this case cannot be identified.