2. The costs of lawsuit shall be borne by the Plaintiff.

The land located in Yang-gu, Yangwon-gun-gun E is the land under North Korea after the period of Japanese occupation expires, which is the land for which the owner has not been recovered, and the land for which the owner has not been recovered from the area recovered in the course of going through the 6.25 War. As to each real estate of this case, F had the right to cultivate, but F transferred the right to cultivate to G on March 11, 2013, and G to the Plaintiff on September 1, 2014, respectively. The Defendants denied the Plaintiff's right to cultivate and seek confirmation of the right to cultivate and confirmation of the right to cultivate as the primary right to cultivate.

As to this, Defendant B is the land that had not been cultivated for about 10 years or for about 18 years in the instant case. Defendant B acquired the right to cultivate the said land as a farmland-oriented project around July 2014, Defendant C and D already transferred the right to cultivate each of the instant real estate from Defendant C and D to Defendant C on December 31, 2012, and the Plaintiff was transferred the right to cultivate from an unentitled person. Thus, the Plaintiff cannot comply with each of the Plaintiff’s claims.

ex officio, examining the legitimacy of the instant lawsuit, the lawsuit for confirmation is permissible when it is the most effective and appropriate means to resolve the dispute with the Plaintiff’s right or legal status and to obtain a confirmation judgment (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 1991). Unlike other real rights, possessory right is a system that respects and protects the de facto state of control over an article, unlike other real rights, and the de facto state of control over an article has characteristics that can easily change by its nature, so it is confirmed that possessory right exists at any time.