소유권확인 및 소유권이전등기
1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.
2. The defendant shall state on the plaintiff the attached list No. 1.
1. Determination as to the legitimacy of the part of the claim for ownership confirmation among the instant lawsuit
A. The Plaintiff sought confirmation that each of the above real estate is owned by the Plaintiff against the Defendant who succeeded to 1/25 shares out of each of the instant real estate from the deceased C, on the ground that the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) was registered in title with the deceased C, etc., and ex officio, we examine whether this part of the lawsuit is lawful.
B. In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized that it is the most effective and appropriate means to determine the plaintiff's interest in confirmation as a confirmation judgment to eliminate the risk of uncertainty when the plaintiff's legal status is at risk (see, e.g., Supreme Court Decisions 93Da40089, Nov. 22, 1994; 2003Da55059, Dec. 22, 2005). As examined below, upon receiving a judgment of admitting the claim for ownership transfer registration on the ground of cancellation of title trust, the plaintiff can complete the registration of ownership transfer on behalf of the defendant on the ground of the above judgment and complete the registration of ownership transfer on each real estate of this case on behalf of the plaintiff, and therefore, the plaintiff can complete the registration of ownership transfer in the future of the plaintiff.
C. Therefore, the Plaintiff’s seeking confirmation of ownership of each of the instant real estate against the Defendant is not the most effective means for confirmation of legal relationship, and thus there is no benefit in confirmation.
2. Determination on the claim for performance of the procedure for ownership transfer registration
(a)the reasons for the claim are as set out in Appendix 2 annexed to the indication of the claim;
(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
3. Conclusion, the claim for confirmation of ownership among the instant lawsuit is filed.