1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination on this safety defense

A. 1) The parties’ assertion 1) The deceased C, the husband of the Plaintiff, is the Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant real estate”).

(2) The Plaintiff purchased the instant real estate from D, and the Plaintiff succeeded to the instant real estate on June 24, 1996, and occupied it with the intention of ownership from around that time to the present time, and acquired the prescription for possession of the instant land, but sought confirmation of ownership against the Defendant on the ground that D’s address, etc. was unknown. (2) The Defendant’s claim for confirmation of ownership of the land against the State as to the summary of the Defendant’s assertion was an unregistered land and the land is neither registered nor the registered titleholder is known in the land cadastre or the forest land cadastre or the forest land cadastre, or there are special circumstances claiming the State’s ownership. As the instant real estate is indicated as the “D” on the land cadastre, there is no benefit to seek confirmation of ownership of the instant real estate against the Defendant.

B. Determination 1) A claim for confirmation of land ownership against the State is unregistered, and there is benefit in confirmation in cases where there are special circumstances, such as denying ownership by a third party who is a registered titleholder, and the State continues to assert ownership by denying ownership by a third party who is a registered titleholder (see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 1995). In addition, in order to acquire land ownership by completing the prescription period pursuant to Article 245(1) of the Civil Act, a claim for ownership transfer registration against the owner at the time of the completion of the prescription period, which would lose ownership, should be made by the method of claiming ownership transfer registration against the third party, or a claim for ownership transfer registration by seeking confirmation of ownership ownership from a third party.