소유권확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination ex officio as to the legitimacy of the instant lawsuit
A. The Plaintiff asserted that D was in the old land cadastre on July 1, 1913, and filed the instant lawsuit seeking confirmation of ownership against the Defendant, alleging that the instant land was owned by the network D (D, 1894 birth), an extension of the Plaintiff’s address in Hanam-gun C, Hanam-gun, and that the instant land was owned by the Plaintiff, who had an address in Hanam-gun C.
In regard to this, the Defendant: (a) registered titleholder on the land cadastre; and (b) registered the address on the land cadastre along with a document certifying that the Plaintiff is the ownership of the network D; and (c) registered the preservation of ownership; and (d) registered the address in Haan-gun E, which is the seat of the instant land, there is 1890 and 1894, the Plaintiff’s increased portion; (b) claimed that D, who is the name of the former land subject to the assessment, is the same as the Plaintiff’s increased portion.
B. 1) In principle, seeking confirmation of invalidation of a previous legal relationship does not have any benefit in confirmation. However, even in a previous legal relationship, it may be deemed that the current right or legal status has been affected, and that obtaining a judgment on confirmation of the said legal relationship is an effective and appropriate means to eliminate risks or apprehensions in the present right or legal status, and such legal relationship has a benefit in confirmation immediately (see, e.g., Supreme Court Decision 2014Da234322, Jun. 24, 2015).
The Plaintiff sought confirmation of the ownership of the instant land by asserting that: (a) the mother of the network D with respect to the ownership of the instant land from the network D, F, F, and G, the wife of the network D, and that (b) the deceased, the father of the Plaintiff, was succeeded to by the deceased H; (c) the Plaintiff sought confirmation of the ownership of the instant land in the instant case where the deceased, the father of the Plaintiff, was recognized.