1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. On July 6, 1970, the Plaintiff’s net C is the instant real estate with “the area of less than 32,529 square meters for forest land B in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.”

The registration of preservation of ownership has been completed.

B. At the time of the above registration, the deceased C’s resident registration number was not registered, and the address was registered as Seodaemun-gu Seoul Metropolitan Government D.

C. The net C resided in Seodaemun-gu Seoul from 1968 to 1970 on the resident registration card. D.

The Plaintiff acquired the instant real estate, as the deceased C’s South Korea, by means of an agreement and division among heirs.

E. Although the Plaintiff intended to register inheritance on the instant real estate, it was actually rejected on the ground that the identity of C and the Plaintiff’s deceased father C, a registered titleholder of the instant real estate, was not recognized, and the Plaintiff is the owner of the instant real estate for the registration of inheritance.

2. In a lawsuit seeking confirmation as to the legitimacy of a lawsuit, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is the most effective and appropriate means to determine the Plaintiff as a confirmation judgment in order to eliminate the risk of uncertainty when the Plaintiff’s legal status is in

Any third party, other than the State, who asserts that he/she is a legitimate owner of the land for which ownership transfer registration is made, shall obtain a judgment against the title holder of the registration to confirm his/her ownership, and there is no benefit to seek confirmation of ownership against the State.

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 extenuating circumstances, such as denying the ownership of a third party who is the registered titleholder and asserting that the State is the ownership of the State.

Supreme Court on October 15, 2009