1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff asserted that the Plaintiff occupied not less than 20 years, Nam-gu, Nam-gu, Gwangju (hereinafter “instant land”). The Plaintiff filed a lawsuit claiming ownership transfer registration with the Gwangju District Court 2015Kadan7072, and obtained the judgment in favor of the Plaintiff on September 22, 2015, and the said judgment became final and conclusive on November 12, 2015, the Plaintiff acquired the ownership of the instant land, and the registration of ownership preservation under the Plaintiff’s name cannot be conducted on the grounds that the Plaintiff did not have an address on the part of the owner column in the forest land register, and thus, the Plaintiff’s ownership is confirmed against the Defendant.

B. In order to acquire ownership of land through the completion of prescriptive acquisition under Article 245(1) of the Civil Act, the method of filing a claim for ownership transfer registration against the owner at the time of the completion of prescription that would lose ownership due to the acquisition of the ownership should be applied, and there is no benefit to seek confirmation that one has ownership against the State, which is a third party (see, e.g., Supreme Court Decision 94Da39123, May 9, 195). If the ownership was acquired through the completion of prescriptive acquisition, the lawsuit of this case seeking ownership confirmation against the State against the Defendant, which is the State,

Even if there is a benefit in confirmation of the lawsuit in this case, the acquisition by prescription does not take effect immediately on the completion of the acquisition by prescription, but on the ground of this, the right to claim for registration for the acquisition of ownership is generated, and in the case of unregistered real estate, it cannot be deemed that the possessor acquires ownership even without registration only with the completion of the period of acquisition by prescription (see, e.g., Supreme Court Decisions 80Da3121, Sept. 22, 1981; 80Da3121, Sept. 28, 2006; 2006Da22074, 22081, Sept. 28, 2006).