제사주재자지위 확인청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is the son’s son, who died on December 21, 2006, (hereinafter “the deceased”). The Plaintiff’s assertion is reverted to the Plaintiff, who is the Jeju-do, Busan-dong, Yongsan-gu, Seoul-gu, Seoul-do, to 1/2 shares of 1,466 square meters of 1,466 square meters of Geumyang-gu, Seoul-gu, and 118 square meters of farmland before F. 485 square meters, and G previous 118 square meters (hereinafter “instant land”).
Nevertheless, the Defendants, the co-inheritors of the deceased, asserted the above land as the inherited property subject to division and request for the adjudication of division of inherited property. Therefore, there is a legal interest in seeking confirmation of the status of the deceased as the deceased, in a case where there is a dispute as to the reversion of
2. Determination
A. A lawsuit for confirmation is permissible when the Plaintiff’s right or legal status is infinite and dangerous, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute (see, e.g., Supreme Court Decision 2014Da30803, Jun. 29, 2017). In a case where the parties have relations with specific rights or legal relations due to disputes over the attribution of the property used for production, etc., it is a legal interest to seek confirmation of the status of the title holder on the premise of resolving the dispute. However, regardless of such rights or legal relations, to seek confirmation of the status of the title holder in a clan in connection with the qualification of the title of the title holder in a clan, regardless of such rights or legal relations, cannot be said to have legal interest in seeking confirmation.
(See Supreme Court Decision 2010Da88699 Decided September 13, 2012). B.
The Defendants filed a petition for adjudication on the division of inherited property with the Plaintiff and A on December 14, 2017, taking into account the following facts: (a) the facts alleged in this Court; (b) Gap evidence Nos. 1 and Eul evidence No. 1; and (c) the purport of the entire pleadings; and (d) the Plaintiff filed a petition for adjudication on the division of inherited property with the Plaintiff.