1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

1. The Plaintiff’s summary of the Plaintiff’s assertion: (a) around 1940, D purchased the instant forest land 24,298 square meters (hereinafter “instant forest”); (b) around 1971, D died and the Plaintiff actually managed the instant forest land as the owner of the instant forest land since around 20 years old.

Therefore, the plaintiff is deemed to have completed the prescription period for the acquisition of possession of the forest of this case since December 31, 1979 when it was evident that 20 years have elapsed since the last day of the year in which he became 20 years of age, and since December 31, 1999, the acquisition of possession of the forest of this case was completed. Thus, the plaintiff seeks to implement the procedure for the registration of ownership transfer for the completion of the prescription period for the forest of this case against the defendant B, who is the family head heir of this case.

On the other hand, the forest land of this case is unregistered land and it is registered as unregistered land by E, and it is not possible to identify who is E because the address or resident registration number is not indicated. Thus, the plaintiff seeks confirmation as to whether the forest land of this case is owned by defendant B by subrogation of defendant B, who is the heir of Australia in the Republic of Korea.

2. Determination

A. In a case where there is a person who has registered or recorded as an owner in the registry, land cadastre, or forest land cadastre with respect to a claim against the Republic of Korea, an application for registration of preservation of ownership may be filed against the State in a lawsuit against the nominal owner when the court obtains a final and conclusive judgment confirming that the relevant real estate is owned by the applicant for registration of preservation of ownership. As such, the application for registration of ownership against the State is not unregistered, and there is no registrant in the land cadastre or forest land cadastre, or the identity of the registrant is unknown, and there is a benefit in confirmation only in the case of special circumstances, such as the State's refusal of ownership by a third party

Supreme Court Decision 201Na1488 delivered on December 2, 1994