1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The registration of transfer of ownership was completed on November 30, 1939 on the land cadastre with respect to the real estate indicated in the Plaintiff’s assertion as to the attached real estate (hereinafter “instant real estate”), but the registration was not made.

The Deceased died on October 27, 2017, and the Plaintiffs inherited the instant real estate, thereby seeking confirmation that the instant real estate was owned by the Plaintiffs.

2. Determination on the defense prior to the merits

A. The defendant's defense prior to the merits does not have any interest in confirmation.

B. The instant lawsuit is unlawful as there is no benefit in confirmation.

The grounds are as follows:

(1) A claim for confirmation of the ownership of land against the State shall have interest in confirmation only when such land is unregistered and its registrant is unknown on the land cadastre or forest land cadastre, or when the State denies the ownership of a third party who is the titleholder of registration and in special circumstances, such as continuing to assert the ownership by the State.

(2) Article 2 of the former Land Conservation Rule (Ordinance No. 85, Dec. 29, 1928; hereinafter referred to as the "Partial Amendment") provides that "no matter falling under any of the following subparagraphs shall be registered on the land cadastre unless a notice of registration management is given: Provided, That this shall not apply where the ownership is transferred due to the non-refluence, exchange, transfer, or expropriation of unregistered land, or where unregistered land becomes a state-owned property."

If a transfer of ownership is registered as a transfer of ownership in the name of the decedent on the land cadastre without the notification of the public official in charge of registration as to the transfer of ownership, it shall be determined that the registration was destroyed after the transfer of ownership was made in that name on the above date and time, and it shall be determined that such land is unregistered real estate.