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

2. The remainder except the defendant Republic of Korea and B.

Facts of recognition

The land in this case is unregistered land, and its land cadastre was confirmed on June 10, 1914 (no Y, address is recorded), and on April 26, 1926, Z (Z, AA), AB on April 29, 1926, AC (AD, AE) acquired its ownership.

The Y on January 28, 1917, “AF-free land” in the Cheongbuk-do, Chungcheongnam-do, died, and the Z (Z, AA) was inherited in Australia.

On May 1, 1954, the Z shall be inherited by AG, which is its children, after the death of May 1, 1954, and thereafter on June 2, 2005, the inheritance shares following the death of AG shall be as specified in the calculation table of shares in attached Form 2.

AH was a farmer in the instant land from around 1941, and died on January 25, 1983.

Defendant B (place of birth: Gowon-gu) had a farming house in the land of this case since the death of AH, and had it paid the property tax, etc. on the land of this case.

On January 18, 2017, the Plaintiff entered into a contract with Defendant B to purchase the instant land with KRW 13 million, and paid KRW 1 million to Defendant B as down payment.

【Defendant Republic of Korea’s assertion against Defendant Republic of Korea as to the Plaintiff’s claim against the Defendant Republic of Korea by the Defendant, Korea, C, D, K,O, P, Q, Q, U. 1 through 15 (including virtual numbers; hereinafter the same shall apply) in each of the following descriptions, the entire purport of the pleadings, and the overall purport of the pleadings, Defendant B, E, F, G, H, I, J, J, L, M, N, R, S, V, V, Article 208(3)2 and Article 150(3) of the W Civil Procedure Act (i.e., the instant land was under the circumstance of Y, and the owner can be known, and thus, the Defendant Republic of Korea asserts that there is no benefit to seek confirmation of ownership against the State.

Judgment

A claim for confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is unknown on the land cadastre or the forest land cadastre, or where there are special circumstances, such as the State continuously asserting the ownership of a third party who is a registered titleholder, while denying the ownership.