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(영문) 서울북부지방법원 2018.08.21 2018나198

소유권확인의 소

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is that the "unauthorized building recorded in the list No. 5 of the judgment of the court of first instance" cannot be deemed as "unauthorized building recorded in the list No. 2 of the judgment of the court of first instance", and the plaintiffs' status of direct defendant as to the building of this case shall not be deemed as having benefits in seeking confirmation. Thus, since the lawsuit of this case is unlawful as there is no benefit in confirmation, the lawsuit of this case is unlawful as it does not seek confirmation of the plaintiffs' ownership of the building of this case without demanding performance of the obligation to transfer ownership without demanding performance of the obligation to transfer ownership by the defendant, or it cannot be a valid and appropriate means to remove the plaintiffs' rights or legal status at an effective level. Accordingly, the lawsuit of this case by the plaintiffs is unlawful as there is no benefit in confirmation (see Supreme Court Decision 2005Da41153, Jul. 10, 2008).

2. The decision of the first instance court is legitimate, and all appeals against the plaintiffs against the defendant is dismissed. It is so decided as per Disposition by the assent of all.