The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. According to the Busan Dong-gu forest land B (hereinafter “instant forest”)’s forest land register, the forest land of this case is indicated as being under the circumstances on February 15, 1918 by C with the address in Ddong.

B. The forest land of this case does not currently contain the current registry.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion was completed on January 1, 1984 by constructing a E-style temple building on the forest of this case and occupying the forest of this case in peace and public performance with the intention of ownership for at least 20 years from that time. The acquisition by prescription of possession was completed around January 2004.

However, the forest of this case is unregistered, and only the name of "C" and the address of "Ddong" are entered in the forest land register, and the identity of the registrant is unknown.

Therefore, the Plaintiff, who completed the prescription of possession of the forest of this case, sought confirmation that the forest of this case is owned by C in subrogation of the above C.

3. In general, barring any special circumstance, it is reasonable to presume that the plaintiff's life is presumed that the defendant or the person under subrogation, etc., who is the plaintiff's life, is an actual life and that the person under subrogation is alive, unless there are special circumstances. Thus, in a creditor subrogation lawsuit, unless it is acknowledged that the plaintiff's life is the actual life of the person under subrogation, and that it is extremely rare for the plaintiff to live until he/she reaches his/her age, and unless there are special circumstances, it shall be presumed that the person under subrogation is currently alive and that he/she has died. Rather, the defendant should actively prove that the person under subrogation is alive until he/she reaches his/her age. However, it is extremely rare that the person is alive until he/she reaches the age of 110, and therefore all the above facts are rare.