1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. As to the instant land, the registration of ownership transfer was completed in the name of the Daejeon District Court Sejong District Court No. 4493, No. 4493, Jul. 30, 1959, on the instant land, and the registration of ownership transfer was also completed in the name of the “A (S)” due to the completion of repayment. The land cadastre is also registered as the owner.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, 3, Gap evidence 2-1, 2-2

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion is the same person as the registered titleholder “A (S)” recorded on the entire certificate of the registered matters concerning the instant land, and the Plaintiff sold the instant land to E on February 13, 2014, and applied for the change of address and the registration of transfer of ownership to the Daejeon District Court Sejong District Court on April 14, 2014. The above registered registry officer dismissed the said application on the ground that the “A” recorded as the owner on the entire certificate of the registered matters concerning the instant land did not have a vindication that it is the same person as the Plaintiff, and sought confirmation of the ownership of the instant land against the Defendant.

B. Therefore, the claim for confirmation of land ownership against the State is not unregistered, and there is benefit in confirmation only when there is no registered titleholder on the land cadastre or the forest land cadastre, or when the identity of the registered titleholder is unknown, or when there is a special circumstance, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert state ownership.

(see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009). In addition, in cases where there is an error or oil in the indication, such as the name or address, etc. of the registered titleholder, in principle, in regard to the existing registration, a new registration is made after correcting the registration of correction of the indication of the registered titleholder and correcting the indication of the registration (see, e.g., Supreme Court Order 2008Ma943, Aug. 28, 2008).