1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. On June 30, 197, the former forestry register prepared on May 31, 1918 with respect to real estate stated in the purport of the claim in the facts without dispute, the address of May 31, 1918 was examined by “C,” and the address of “E” on March 13, 1970 is written as “E” received the transfer of ownership.

F The F died on December 11, 2009, and the plaintiff (appointed party) and the designated parties are their successors.

2. Judgment on the defendant's main defense of safety

A. The plaintiff (appointed party) sold the above real estate to F on March 13, 1970. Pursuant to Article 10 of the former Act on Special Measures for the Registration, etc. of Forest and Forest Ownership (amended by Act No. 2204 of Jun. 18, 1970), it was registered as the owner in the current forest register, but it is unregistered.

There is no presumption of right to the entry of the owner in the current forest register, and there is no benefit to seek confirmation of ownership against the defendant.

B. If a person has been registered as an owner in the forestry register for determination as to the existence of profits in confirmation, an application for registration of preservation of ownership may be made, in principle, against the nominal owner, when he/she obtains a final and conclusive judgment on the ownership of the applicant for registration of preservation of the relevant real estate in a lawsuit against the nominal owner.

However, in exceptional cases, forest land is not unregistered, there is no registered titleholder in the forest land register, or the identity of the registered titleholder is unknown, and there is a benefit in confirming ownership against the State only when there are special circumstances, such as the State's refusal of ownership by a third party as the registered titleholder, and the State continues to claim ownership.

Supreme Court Decision 93Da58738 Decided December 2, 1994; Supreme Court Decision 2010Da21757 Decided July 8, 2010; Supreme Court Decision 2010Da45944 Decided November 11, 2010; etc., the former cadastral book as seen earlier was prepared after the amendment of the Cadastral Act on December 31, 1975; thus, there is a presumption of right in the owner column; the same is deemed as a certified copy of the “D” residing in the “C” and its subsequent losses.