1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. It is written that the land of this case was currently unregistered in the state of registration, and that D ( Address: E) was under circumstances on November 20, 1917 in the forest register for forest land registration in Changwon-si, Changwon-si (hereinafter “instant land”).

B. The instant land is surrounded by F forest land 8,168 square meters (hereinafter “F land”).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 6 (including each number), the purport of the whole pleadings

2. The deceased G, the owner of the Plaintiff’s assertion F land, was occupying the instant land in trust, peace, and public performance. The deceased G’s possession of the instant land was succeeded to the Plaintiff who finally owned F through inheritance, donation, sale, division of jointly owned property, etc., and the Plaintiff acquired prescription by occupying the instant land for at least 20 years from February 24, 1997 to that day.

However, since the land of this case cannot be found as the owner of the land in the forestry cadastral book, the land of this case shall be free real estate, so the defendant shall seek confirmation of the ownership of the land of this case against the defendant.

3. The defendant asserts that the lawsuit in this case is unlawful, since the plaintiff is not the owner of the land in this case but the plaintiff has the right to claim ownership transfer registration, which is a claim for the completion of prescription for the acquisition of possession, and there is no benefit to seek confirmation of ownership of the land in this case.

Article 245 (1) of the Civil Code provides that a person who possesses real estate in a peaceful and openly performing manner with the intention to own it for twenty years shall acquire its ownership by registering it.

As the above law provides that in order to acquire ownership of land through completion of prescription, it is necessary to use the method of filing a claim for ownership transfer registration against the owner at the time of completion of prescription that would lose ownership, and there is no benefit to seek confirmation that there is ownership against a third party.

(b).