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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 real estate register pertaining to the Hongcheon-gun D Forest land in Hongcheon-gun (hereinafter “instant land”) stating that “F,” which has the address in Chuncheon-gun E, has completed the registration of preservation of ownership on November 21, 1956.
(A) On August 1, 1976, the ownership column of the forest register prepared on August 1, 1976, consisting of “B” as the cause for change and “B” as the owner (Evidence A 23). Meanwhile, on the other hand, the owner of the forest register issued on January 31, 2018 by the Plaintiff with respect to the size of 32,826 square meters of Gangwon-gun Hongcheon-gun D Forest, Hongcheon-gun, Hongcheon-gun, Daejeon-gun, the term “the preservation of ownership on November 21, 1956” as the cause for change and the term “F” as the owner of the forest register is indicated as “F,” which had the domicile in the “Songcheon-gun G” as the cause for change and the date of change.
(A) On February, 200, the Plaintiff asserted that the land of this case was solely inherited by F’s heir, who is the owner indicated in the Real Estate Registration Book for the land of this case, according to the agreement on the division of inherited property. Since the Defendant alleged that he is the owner of the land of this case, the Plaintiff sought confirmation of ownership of the land of this case
In this regard, the defendant asserts that the plaintiff's claim for confirmation of ownership is unlawful because there is no benefit of confirmation.
3. In a lawsuit seeking confirmation as to the benefit of confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is the most effective and appropriate means to determine the Plaintiff as a confirmation judgment in order to eliminate the risk of apprehensions when the Plaintiff’s legal status is in danger (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). Registration is intended to disclose the legal relationship concerning real estate so as to promote transaction safety by disclosing the legal relationship concerning real estate, and land cadastre is intended to provide taxation or other administrative purposes as a book prepared by the head of a Si/Gun/Gu