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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The land of this case (hereinafter “instant land”) is currently unregistered in terms of 44 square meters on B road in e.g., the land of this case.
B. The land cadastre for the instant land was cadastral restoration on November 25, 1986, but the first owner was not indicated, and the Plaintiff was registered as transfer of ownership on April 30, 1965.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. A claim for the confirmation of land ownership against the country where the benefit of confirmation exists shall be limited to the cases where the land is unregistered and its registrant is unknown on the land cadastre or the forest land cadastre, or where the identity of the registrant is unknown, and where the State denies the ownership of a third party who is the titleholder of registration or enrollment, and where special circumstances exist, such as the State continuously asserting the ownership
(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, etc.). In addition, registration of preservation of ownership may apply by a certified copy of the land cadastre or forest land cadastre (Article 130 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership (Article 130 subparag. 2 of the Registration of Real Estate Act), a person who acquired ownership through expropriation (Article 130 subparag. 3 of the same Act) by a judgment, and a person who proves that he/she was registered as the owner in his/her own or his/her predecessor’s register by a certified copy of the land cadastre or forest land cadastre, and a person who was registered as the first owner in the register and a person who comprehensively succeeds to the registration of ownership transfer on the register.
Even if the transfer of ownership in the current civil law takes the form of change in real rights, it cannot be said that the person who has obtained the transfer of ownership in the register can not apply for the preservation registration immediately in his/her future, and the preservation registration is made in the future as the first owner in the register, and the next transfer registration is made.