1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

1. Basic facts

A. As to the instant land, the registration of ownership preservation in the name of the deceased E was completed on November 2, 1921 by the Songwon District Court (Seoul District Court) No. 3338, Nov. 2, 1921.

B. The deceased on December 21, 1951, and the deceased on May 1, 201, the deceased on May 1, 201, and the deceased on May 1, 201, the Plaintiffs succeeded to the deceased E’s property at each of the inheritance shares of 1/5.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-9, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. In a case where the acquisition by prescription is completed due to the possession of unregistered land by the State for twenty (20) years, the owner of the unregistered land cannot be deemed to be in the status of exercising ownership against the State due to the relationship with which the State bears the obligation to implement the procedure for ownership transfer registration on the ground of the ownership transfer. Moreover, it does not lead to a change in such status on the ground that he/she is given judgment on ownership

Therefore, under such circumstances, the owner’s seeking confirmation of ownership of the land against the State is bound to be considered to have an intention to dance, and thus, there is no legal interest to obtain a confirmation judgment.

(See Supreme Court Decision 94Da13480 delivered on June 9, 1995). B.

If the nature of possessory right of immovables is not clear as to the completion of the statute of limitation for the land of this case, the possessor is presumed to have occupied in good faith, peace, and public performance by his/her own will pursuant to Article 197(1) of the Civil Act.

Such presumption is equally applied to the case of possession by the State or a local government, which is the managing body of the cadastral record, and even in the case where the possessor claims the title of possession, such as sale or donation, but this is not recognized, the burden of proof on the original title of possession does not exist.