1. The plaintiff's action against the defendant is dismissed.

2. Defendant B is not the Plaintiff’s 46m20 square meters of Gangseo-si C ditch.

1. As to the claim for confirmation of ownership, the Plaintiff seeks confirmation against the Defendant Republic of Korea that the 46 square meters of Gangseo-si C ditch (hereinafter “instant land”) is the ownership of Defendant B, the Plaintiff’s claim for confirmation of ownership against the State is not unregistered. The Plaintiff’s lawsuit against the Defendant Republic of Korea is unlawful on the grounds that there is no registered titleholder or identity of the registered titleholder in the land cadastre or the forest land cadastre, and that the State continues to claim state ownership while denying the ownership of a third party who is the registered titleholder, and there is no other special circumstance, such as when the State deniess the ownership, or when the ownership of the land cadastre or the forest land cadastre is not recognized as having the burden of presumption of rights as to the owner of the land cadastre or the forest land cadastre (see Supreme Court Decision 2010Da45944, Nov. 11, 2010).

2. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 10 (Partial number omitted) and Eul evidence Nos. 1 and evidence Nos. 1, as to the claim for registration of ownership transfer, defendant B’s land assessment was conducted; the plaintiff, who obtained authorization for establishment pursuant to Article 11 of the Housing Act, obtained approval for the housing construction project plan for 416 households on September 13, 2017 and 23 lots of land from Gangnam-si and Gangnam-si; and the plaintiff’s land owner, on January 12, 2018 and on August 22, 2018, deposited the amount appraised by 2 appraisal business entities (10,442,00 won and 10,764,000 won) with respect to the land of this case by 10,603,000 won with respect to each court.

According to this factual basis, the instant land became subject to the claim for sale under Article 22 of the Housing Act on February 16, 2018, pursuant to Article 23(1) of the Housing Act, and is late.