1. The plaintiff's action against the defendant is dismissed.

2. The remaining Defendants except the Defendant Republic of Korea shall be the defendants.

1. On November 16, 2008, the Plaintiff’s assertion-based farmland improvement cooperative, a telegraphic body of the Plaintiff, acquired ownership on November 16, 2008 with respect to AG maintenance 5,945 square meters (hereinafter “instant land”).

The Defendant Republic of Korea confirmed that the land of this case was unregistered and owned by the Defendants indicated in the [Attachment 1] Inheritance Shares List (other than the Defendant Republic of Korea), the heir of the deceased AH, who is the title holder of the land cadastre, and the said Defendants are obligated to implement each of the inheritance shares listed in the above Schedule to the Plaintiff on the ground of the completion of the acquisition by prescription.

2. Defendant Republic of Korea asserts that, inasmuch as there is no benefit of confirmation, Defendant Republic of Korea’s lawsuit against Defendant Republic of Korea against Defendant Republic of Korea is unlawful.

The claim for the confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is unknown on the land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where there are special circumstances, such as the State continuously asserting the ownership, there is a benefit of confirmation.

(2) The Plaintiff filed the instant lawsuit by asserting that each of the Defendants indicated in [Attachment 1]’s inheritance shares in [Attachment 1] is the heir of the Plaintiff and the Plaintiff filed the instant lawsuit on July 16, 1934, comprehensively taking account of the overall purport of the pleadings in each of subparagraphs 1 and 2’s evidence Nos. 1-1 and 2.

Thus, even if the land of this case is unregistered, there is not only a person registered in the forestry register but also his heir, and the defendant Republic of Korea is above.