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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 20, 1948, the Plaintiff’s assertion B purchased real estate indicated in the separate sheet (hereinafter “instant real estate”) from C on February 20, 1948, and the Plaintiff solely inherited the instant real estate through inheritance consultation and division. As such, the instant real estate in an unregistered state is owned by the Plaintiff.
2. The identification on the cadastral record has changed due to the merger and division of land to determine the judgment on the defense prior to the merits;
Even if the land itself prior to the merger and division does not exist, or there is no change in the legal relationship as to the land, so the landowner does not have any impediment in claiming ownership even without restoring the boundary of the former parcel number on the cadastral record so that he/she can specify his/her own land, or undergoing the boundary confirmation procedure by a lawsuit for boundary confirmation. However, if no land is registered on the cadastral record, the land cannot exist or be specified unless there are special circumstances, and thus, the claim for ownership confirmation of such land cannot be said to have a benefit of confirmation.
However, in order to register a parcel of land by dividing it into two or more parcels of land, it is possible to register only when the lot number, land category, boundary, or coordinates and area are determined by the competent authority in the cadastral record and the registration in the cadastral record should be made for each parcel of land. As such, the land of one parcel of land is divided into two or more parcels of land, and the land before dividing may be specified by the former lot number
Even if there is no procedure for confirmation of the parcel number, land category, boundary, coordinates, area, etc. by the competent authority for the land after subdivision, the land after subdivision shall not be specified as land which is not registered properly in the cadastral record, and accordingly, the Gu parcel number may not be indicated and registered for the land before subdivision.