1. Defendant Republic of Korea confirms that prior to Gwangju Dong-gu C is owned by D the area of 231 square meters per annum.

2. Defendant B shall have the Plaintiff Gwangju.

Basic Facts

A. The land cadastre prior to Gwangju Dong-gu C (hereinafter “instant land”) is written on the unregistered land and the land cadastre as to the instant land was written on March 19, 1915.

The address and resident registration number of E on the above land cadastre are not indicated.

B. D A deceased on March 2, 1946, and F, his male head, succeeded to Australia.

C. After that, F sold the instant land to G, and G sold the instant land to H, the father of the Plaintiff, around November 3, 1972.

The Plaintiff received donation of the instant land from H around 1978, and has been occupying and using it until now.

E. Meanwhile, as co-inheritors of F, Defendant B’s share of inheritance is 1/6.

[Reasons for Recognition] Defendant Republic of Korea: Defendant B, each of the evidence Nos. 1 through 10 (including a branch number if a branch number is available): Defendant B, each of which is deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. Determination on Defendant Republic of Korea’s main defense

A. The summary of the Plaintiff’s claim against the Defendant Republic of Korea is the nominal owner of the instant land, and the nominal owner is not unclear. Since the State did not assert the ownership of the instant land, the Plaintiff’s claim against the Defendant Republic of Korea does not have the benefit of confirmation.

B. According to Article 65 of the Registration of Real Estate Act, a person who proves himself/herself or his/her predecessor as the first owner in the land cadastre or forest land cadastre or forest land cadastre, or a person who proves his/her ownership by a final judgment can apply for registration of preservation of ownership of the land. However, in cases where part of the indication on the land cadastre of unregistered land was omitted and it is impossible to prove that he/she is the same person as the owner on the register because the owner on the register is not specific, the owner cannot make registration of preservation of ownership by the ledger