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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Basic Facts
The land of this case (hereinafter referred to as the "land of this case") is unregistered land of the 192 square meters in Pyang-si.
The land cadastre of the instant land is merely indicated as “B” was assessed on January 25, 1912, and does not state the date of birth, address, etc. of “B”.
【A’s claim for confirmation of ownership of the instant land against the State in the summary of the defense of determination as to the main purpose of defense as to the entry of evidence Nos. 1 and 8 (the number of pages is included; hereinafter the same shall apply) and the entire pleadings is recognized only when the relevant land is unregistered; there is no registered titleholder or the identity of the registered titleholder is unknown; and there are special circumstances, such as where the State denies the ownership of a third party, the registered titleholder, and the State continues to claim state ownership. As long as the instant land is indicated as B as its owner on the land cadastre, it is obvious that it is owned by B or its heir. Thus, there is no benefit to seek confirmation of ownership of the instant land against the Defendant.
Since the Plaintiff’s right to claim ownership transfer registration based on the completion of prescriptive prescription against B is not recognized, the instant lawsuit filed by the Plaintiff against the Defendant in subrogation of the Plaintiff, seeking the confirmation of ownership of the instant land, which is unlawful as it is filed by a person who is not qualified as a party due to absence of the right
Judgment
According to Article 65 of the Registration of Real Estate Act, a person registered as the first owner in the land cadastre, forestry register or building register, his/her heir or other general successor can apply for registration of preservation of ownership of unregistered land, and a person who is unable to produce such certification by the register can apply for registration of preservation of ownership by proving his/her ownership according to a final judgment.
However, unregistered land is unregistered.