1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion D, at least from January 27, 1966, occupied the Plaintiff’s assertion D as the owner’s intent to own the Dong-gu Daejeon Special Metropolitan City B 397 square meters and C 19 square meters (hereinafter “each of the instant lands”), and died on March 31, 1989, and thereafter, the deceased’s heir E occupied each of the instant lands as the owner’s intention.

Each land of this case is unregistered, and the old cadastral record was destroyed and restored in the name of F on May 1, 1955, but the above land cadastre has no presumption of right.

F The public official in charge at the time of the restoration of the land is found to be a clerical error or an unqualified person.

Around January 27, 1988, E’s acquisition by possession of each of the instant lands has been completed, and the Plaintiff purchased each of the instant lands from E on or around December 2017, and thus, sought confirmation of ownership of each of the instant lands against the Defendant.

2. The defendant asserts that the lawsuit of this case is unlawful as there is no benefit of confirmation.

Even if the period of prescriptive acquisition as prescribed by Article 245(1) of the Civil Act has expired, the acquisition of ownership does not take effect immediately by itself, and the right to claim for registration for the acquisition of ownership is only created on the ground of this. As such, in the case of unregistered real estate, the possessor cannot be deemed to have acquired ownership without registration solely on the completion of the

(See Supreme Court Decision 94Da39123 Decided May 9, 1995, Supreme Court Decision 2006Da22074, 22081 Decided September 28, 2006, Supreme Court Decision 2009Da9218 Decided May 14, 2009, etc.). Therefore, in order to acquire the ownership of land through the completion of the prescriptive acquisition, in principle, a claim for ownership transfer registration against the owner at the time of the completion of the statute of limitations that would lose ownership, and there is no right or interest to seek confirmation that he/she has ownership against the owner or a third party, and it is different in cases of unregistered real estate.