1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On October 12, 1913, the deceased E (hereinafter “the deceased”) was subject to the assessment of KRW 1,156 (hereinafter “the forest land before division”) in F forest and field 1,156 (hereinafter “the forest land before division”).

B. The forest land before subdivision was divided into each real estate listed in the separate sheet (hereinafter “instant forest land, etc.”) and the registration of ownership preservation (hereinafter “registration of this case”) was completed in the name of the defendant, such as the purport of the claim regarding the instant forest land, etc.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The Defendant completed the registration of this case without any cause even if the forest before the Plaintiffs’ assertion was made was owned by the deceased and the deceased’s inheritors.

Therefore, the Defendant is obligated to perform the procedure for cancellation registration of the instant registration to the Plaintiff, who is the inheritor of the deceased.

B. Determination, Article 2 subparag. 1 of the former Land Conservation Rule (Ordinance No. 45, Apr. 25, 1914) provides that “no matter pertaining to the transfer of ownership shall be registered on the land cadastre unless a notice of registration management is given: Provided, That this shall not apply where ownership is transferred due to non-refluence, exchange, transfer, or expropriation of unregistered land, or where unregistered land becomes State-owned.” As such, the entry of change on the land cadastre cannot be deemed to have been made by a public official’s notification pursuant to the former provisions. In the proviso of the same Article, since the State managing the land cadastre can confirm the transfer of ownership by itself, the State managing the land cadastre can confirm the transfer of ownership in its own register, and thus, if the ownership of unregistered land on the former land cadastre is registered as a “state”, it shall be deemed that the ownership was transferred as recorded at that time, barring any special circumstance (see, e.g., Supreme Court Decision 2013Du36565, Jul. 9, 2015).