1. The instant lawsuit shall be dismissed.

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

1. On February 21, 1931, the registration of transfer of ownership was completed on February 21, 1931, but it was not registered on each real estate listed in the separate sheet of the Plaintiff’s assertion (hereinafter “instant real estate”).

The Deceased died on January 16, 200, and the Plaintiff succeeded to the instant real estate.

The Plaintiff intended to apply for registration of preservation of ownership of the instant real estate, but the Defendant rejected such application. As such, the Plaintiff seeks to confirm that the instant real estate was owned by the Plaintiff.

2. Determination on the defense prior to the merits

A. The defendant's defense prior to the merits must be dismissed as there is no benefit of confirmation.

B. Determination 1) A claim for confirmation of land ownership against the State is unregistered, and there is no person registered in the land cadastre or forest land cadastre, or the identity of the person registered in the land cadastre or forest land cadastre is unknown, and there is benefit of confirmation only when there are special circumstances, such as denying the ownership of a third person who is a person registered in the land cadastre or forest land cadastre, and the State continues to assert state ownership (see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994). 2) Article 2 of the former Land Cadastral Rule (No. 45, Apr. 25, 1914) provides that the ownership transfer cannot be registered in the land cadastre without a public official’s notice as to the transfer of ownership, and if the land is registered as a transfer of ownership in the name of the decedent on the land cadastre at the time of the registration, the registration was destroyed after that date. It cannot be readily concluded that the land

(See Supreme Court Decision 92Da43975 delivered on August 24, 1993). As seen earlier, the ownership transfer registration was made on February 21, 1931 on the old land cadastre prepared during the Japanese colonial rule as to the real estate of this case. The current real estate registry is currently the same.