1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) succeeded to the said share as C’s heir, who is the holder of the right to share 26/513 square meters in Nam-gu, Incheon (hereinafter “instant share”), from among the 315.4 square meters in Nam-gu, Incheon.

However, since C's acquisition time has long been long, and it is impossible to register inheritance due to omission of entry of real estate registration number, resident registration number and details of change of address, etc., the shares in this case against the Defendant are to seek confirmation of whether they own ownership.

2. On the judgment of the defendant on the main defense of this case, the defendant has already completed the registration as C by the title holder of this case's share, so the lawsuit of this case has no interest in confirmation.

The claim for confirmation of land ownership against the State is unregistered, and there is a benefit in confirmation only when no land is registered, no registered titleholder is known on the land cadastre or the forest land cadastre, or when the State denies the ownership of a third party who is a registered titleholder, and there are special circumstances, such as continuous assertion of State ownership, etc., by the State.

(See Supreme Court Decision 94Da27649 delivered on September 15, 1995, etc.). In light of the above legal principles, even if the Plaintiffs’ assertion about this case is based on health stand, the instant equity is already registered in the name of C, and there is no special circumstance, such as the Defendant’s assertion that the instant equity is one’s own ownership. Thus, there is no benefit to seek confirmation of whether the instant equity is owned by the Plaintiffs against the Defendant.

3. In conclusion, the instant lawsuit is unlawful as there is no benefit of confirmation, and thus, it is so decided as per Disposition by the assent of all participating Justices.