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1. Of the instant lawsuit, the Defendant’s suit against the Republic of Korea is dismissed.
2. The Plaintiff:
A. Defendant C, D, E, F, G, H, I, J.
Reasons
1. The Plaintiff, as to the legitimacy of a lawsuit against Defendant Republic of Korea, sought confirmation from Defendant C, D, E, F, G, H, I, J, K, and L (hereinafter “Defendant C, etc.”) from Defendant C, D, E, F, G, H, K, the heir of T, who is the title holder of the said real estate.
A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.
(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). Comprehensively taking account of the following: (a) No. 1-1 of the evidence; and (b) the fact-finding results and the overall purport of the pleadings with respect to the Nam-gu, Gwangju Metropolitan City; (c) on July 30, 1915, T was assessed against the real estate No. 1 listed in Attached Table 1; (d) on the part of Gwangju-dong, the location of the said real estate, the person who had or had resided in the permanent domicile called T in the name of Gwangju-dong; and (e) on the part of the deceased, V was recognized.
If so, W on the land cadastre and C are the same decedent, there is no evidence to prove that T exists an additional heir other than Defendant C, etc., and in this case, the Plaintiff does not have a benefit to confirm the ownership of Defendant C, etc. against the Republic of Korea. Thus, the lawsuit against the Defendant Republic of Korea is unlawful.
2. The description of the grounds for the change in the specification of the claim;
3. Applicable provisions;
A. Judgment by service of a claim against Defendant K, L, or M (Article 208(3)3 of the Civil Procedure Act)
B. Judgment by Defendant C, D, E, F, G, H, I, J, N, P, Q, R, and deemed as a confession of claim against Defendant C, D, E, F, H, I, J, N, P (Article 208(3)2 of the Civil Procedure Act)