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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
With respect to the instant lawsuit for which the Plaintiff seeks confirmation of the same fact as “C,” which is the title holder on the registry as to B forest land B, 17545 square meters (hereinafter “instant land”), at Sejong-si, the Defendant is deemed unlawful as there is no benefit of confirmation, as the instant lawsuit does not exist any benefit of confirmation.
In a case where a claim for confirmation of land ownership against the State is unregistered, and there is no person registered in the land cadastre or the forest land cadastre, or where the identity of a person registered is unknown, there is benefit of confirmation only when the State denies the ownership of a third party registered, and there is a benefit of confirmation only when there are special circumstances, such as continuous assertion of ownership by the State, while denying the ownership of a third party registered or recorded. In a case where a registration of land is made, if the identity of a person is recognized even if the entry of a person registered on the register is in accord with the actual entry, the indication of the registered person may be registered, and there is no benefit of seeking confirmation of actual ownership against the State
(See Supreme Court Decision 2015Da230815 Decided October 27, 2016). According to each of the above legal principles, according to the evidence Nos. 2015Da230815 Decided October 27, 2016, the Plaintiff may recognize the fact that the address of the instant land has already been registered for the preservation of ownership in C, the name of “YE,” and the Plaintiff’s permanent domicile and birth place, and the Plaintiff’s “current status of the application for the change of the name of forest land” on the instant land is indicated as C, and the applicant’s “C”, the title holder of the said registry, as the Plaintiff is the same and sought its confirmation, is inconsistent with the Plaintiff’s address, which is the title holder of the said registry.
If the identity of personality is recognized even if the identity of personality is recognized, it is possible to register the change of indication by the actual address of the plaintiff.
Then, the Plaintiff.