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

2. Defendant B shall enter the attached list in the Plaintiff.

1. Facts of recognition;

A. C purchased the pertinent land from D who occupied and managed the real estate listed in the separate sheet (hereinafter “instant land”) at the time of March 2, 1988.

On May 6, 198, the Plaintiff purchased the instant land from C on May 6, 198 and used it as a marina for the Plaintiff’s house owned on the land of Gangseo-gu, Busan.

B. On the land cadastre, B is registered as the owner of the instant land, and land cadastre B is registered as the assessment of the said land on August 2, 1914.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1, the purport of the whole pleadings

2. Whether the Plaintiff’s lawsuit against the Defendant Republic of Korea is lawful or not, in a lawsuit against the Defendant Republic of Korea, the instant land is unregistered and its registrant is not known. Therefore, for the registration of preservation of ownership of the said land, the Plaintiff seeks confirmation as Defendant B, who is the land owner’s land cadastre, for the registration of preservation of ownership.

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). However, as seen earlier, although the instant land is unregistered land, as to the said land, there is no evidence to acknowledge the special circumstance, such as the denial of ownership of the said B, who is a registered titleholder on the land cadastre by the Defendant Republic of Korea, on the said land, because it is indicated that B was under the circumstance of the former land cadastre B, and thus, it is difficult to identify who is a registered titleholder on the land cadastre.