1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion and its judgment

A. The Plaintiff’s assertion was completed by openly occupying C Forest C forest 2,420 square meters (hereinafter “instant land”) from 1980 to 2012 as the intent of ownership, and the acquisition by prescription was completed.

However, inasmuch as the Defendant’s right to claim for ownership transfer registration against the Plaintiff was impossible by accepting the instant land around September 25, 2017, the Defendant is obligated to transfer to the Plaintiff the right to deposit money indicated in the attached Table, which accrues in return for expropriation.

B. As a result of impossibility of performance under the Civil Act, the subject claim is not separately stipulated in addition to the creditor's right to compensatory damages and the right to cancel the contract, but there is no reason to deny the subject claim in interpretation. However, in order to exercise the subject claim on the ground that the right to claim registration based on the expiration of the period of acquisition of real estate due to possession was impossible, the right to claim registration based on the possession of the title holder was claimed before the impossibility of performance, or based on the expiration of the period of acquisition of the real estate due to the expiration of the period of acquisition should have been exercised, and the subject claim cannot be exercised if it did not reach the assertion or exercise of such right before the impossibility

(see, e.g., Supreme Court Decision 94Da43825, Dec. 10, 1996). In this case, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Plaintiff exercised the right to claim registration against the Defendant prior to the expropriation of the instant land at literature, and there is no other evidence to acknowledge it.

Before the instant case, the Plaintiff filed a suit against the Defendant for the claim for ownership transfer registration against the court prior to the instant case, but withdrawn the suit prior to the delivery of a copy of the complaint, and against the Republic of Korea, the instant land was issued by the court No. 2014Ga2722.