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1.The judgment of the first instance shall be modified as follows:
All of the ancillary claims in the instant lawsuit shall be dismissed.
Reasons
1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to whether the conjunctive claim part among the instant lawsuit is legitimate
A. The "A", the owner of each real estate listed in the attached list of the plaintiff clan's assertion, is the plaintiff clan, and the defendant clan, which is merely a subordinate clan of the plaintiff clan, voluntarily asserted that it is the owner of the above real estate and completed the registration of change in the name of the defendant clan, and thus, the plaintiff clan seeks to confirm the ownership of the above real estate and to cancel the registration of change in the name of the registered titleholder that the defendant clan completed.
B. Determination 1) Since it is not permitted to combine several conjunctive claims that are mutually compatible with each other, it cannot be determined by treating them as simple combination (see, e.g., Supreme Court Decision 2005Da51495, Dec. 11, 2008). Since the Plaintiff’s primary claim and the conjunctive claim are in a logically incompatible relationship, the Plaintiff’s primary claim and the conjunctive claim are treated as simple combination and judged (Provided, That where a claim is specified for convenience as follows, the Plaintiff’s primary claim and the conjunctive claim are called the primary claim and the conjunctive claim.
2) We examine ex officio the conjunctive claim of this case regarding the lawfulness of the part concerning the claim for ownership verification.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation shall be recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate anxietys, risks, and risks in the plaintiff's rights or legal status (see, e.g., Supreme Court Decision 91Da14420, Dec. 10, 1991).