1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. As to the land survey book prepared in 1912 with respect to B, Gu-si, Gu-si, B, 169 square meters (hereinafter “instant land”), the unregistered land is indicated as C’s assessment, and the land cadastre is indicated as the owner’s restoration on March 31, 1952.

B. On the instant land, there exists a single-story house of 40.44 square meters (hereinafter “the instant building”), a unregistered building, and on the building ledger, the network E (hereinafter “the network”) is registered as the owner of the building constructed in 1965.

C. On August 2, 2014, the Deceased died, and on the deceased’s inheritor, F, and G, the wife of the Plaintiff, F, and G, and on September 8, 2015, the Plaintiff agreed to solely inherit the instant building and land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted from July 1, 1965, occupied the instant land from around July 1, 1965, and acquired ownership on July 1, 1985 due to the completion of the statute of limitations for possession, and the Plaintiff solely inherited the instant land.

Since the instant land is unregistered land and its land is without a registered titleholder on its land cadastre or when it is impossible to identify who is a registered titleholder, the instant land is sought confirmation of ownership against the Defendant.

B. The Defendant’s claim is written in the land cadastre of the instant land, and the Defendant did not assert his own ownership while denying the ownership of the registered titleholder. Therefore, the Plaintiff’s claim does not have a benefit of confirmation.

In addition, since the owner of the land of this case is D, the possession of the plaintiff constitutes bad faith without permission.

3. In order to acquire ownership of land through the completion of the prescriptive acquisition under Article 245(1) of the Civil Act, it is necessary to make a claim for ownership transfer registration against the owner at the time of the completion of the prescription that would lose ownership due to such acquisition, and it is merely a third party.