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

2. Defendant B shall be KRW 10,000,000 from the Plaintiff.

The Plaintiff asserts that the claim against Defendant Republic of Korea is based on the following facts: (a) the Plaintiff acquired the ownership of the C cemetery C 76 square meters (hereinafter “instant land”) in Jeju-si under the circumstances of D, which is an additional father of Defendant B; (b) the address of D on the land cadastre was mistakenly registered as “B at Jeju-si”; and (c) the Defendant Republic of Korea dispute ownership. Therefore, the Plaintiff asserts that there is a benefit to seek confirmation from Defendant Republic of Korea.

As to this, Defendant Republic of Korea corrected D’s address, the assessment titleholder, to E on the instant land, and Defendant Republic of Korea did not dispute or claim ownership of the instant land owner. As such, Defendant Republic of Korea asserts that the part of the instant lawsuit against Defendant Republic of Korea’s claim is unlawful as there is no benefit of confirmation.

Where there is a person who has been registered as an owner in the registry, land cadastre, or forest land cadastre with respect to a parcel of land in the relevant legal principles, an application for registration of preservation of ownership may be filed in a lawsuit against the nominal owner when a final and conclusive judgment confirming that the relevant real estate is owned by the applicant for registration of preservation is obtained. As such, a request for registration of ownership against the State shall be made only when the relevant land is unregistered and the land is no registered, and the registrant is unknown or the identity of the registrant is unknown, or when there are special circumstances, such as continuous assertion of state ownership, by the State

(See Supreme Court Decisions 93Da58738 delivered on December 2, 1994, and 2010Da45944 delivered on November 11, 2010, etc.). Comprehensively taking account of the description of the evidence No. 1 and the overall purport of the pleading as to the land in this case, D’s address, the assessment titleholder, is indicated as E at Jeju, and Defendant Republic of Korea, the evidence No. 1 of this case.