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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that the plaintiff purchased the real estate of this case from F on July 6, 1994 and has the same year.
8. 19. Completion of the registration of ownership transfer.
On October 7, 2001, the Plaintiff entered into a title trust agreement with the deceased B (hereinafter “the deceased”) and completed the registration of ownership transfer in its name.
On December 1, 2017, the Deceased sold the instant real estate to G and completed the registration of ownership transfer.
The Deceased died on October 4, 2018, and the Defendant succeeded to his status.
Accordingly, the Plaintiff seeks confirmation as to the Defendant that the instant real estate was owned by the Plaintiff.
2. It is recognized that a lawsuit for confirmation of legal principles relating to the market is the most effective and appropriate means to determine as a judgment of confirmation in order to eliminate the Plaintiff’s legal status uneasiness and danger.
Therefore, even though it is possible to file a lawsuit claiming implementation, the filing of a lawsuit for confirmation is not a final solution of the dispute, and there is no benefit of confirmation.
(See Supreme Court Decisions 95Da5622 delivered on December 22, 1995, 2005Da60239 delivered on March 9, 2006, etc.). Pursuant to the foregoing, the Plaintiff filed a registration of ownership transfer on the ground of the cancellation of title trust under the premise that the title trust agreement is valid, and subsequently amended the claim as above. However, the Plaintiff’s claim for confirmation of ownership of the instant real estate separately from the claim for return of unjust enrichment, etc. does not constitute a final solution method of dispute, and thus, is unlawful as there is no benefit of confirmation.
The instant lawsuit is unlawful and dismissed.