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1. The judgment of the court of first instance is modified as follows.
Plaintiff
A's lawsuit for confirmation of ownership shall be dismissed.
(b).
Reasons
1. Basic facts
A. On May 30, 1996, the Defendant completed the registration of initial ownership on the instant land by the Chuncheon District Court No. 6185.
B. On September 24, 1963, the owner column of the former land cadastre which was cadastrally restored on September 24, 1963 stated “E” as the owner, and on the present computerized land cadastre, the fact that the Defendant was registered as the owner on January 15, 1996 and that ownership was preserved in the name of the Defendant on May 30, 196.
C. Plaintiff B paid the Defendant the indemnity and overdue interest amounting to KRW 845,520 on March 18, 2013, and KRW 264,480 on April 1, 2013, and paid the loan fee of KRW 109,960 on April 10, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 (including provisional number), Eul evidence Nos. 2 through 8, and 12, the purport of the whole pleadings
2. Determination on the Plaintiff A’s claim for confirmation of ownership
A. Plaintiff A’s assertion is the ownership of Plaintiff A, and the registration of ownership preservation was made in the name of the Defendant, and the Defendant denies Plaintiff A’s ownership. As such, Plaintiff A has the interest to seek confirmation against the Defendant that the instant land is owned by Plaintiff A for the purpose of completing registration of ownership preservation in the name of Plaintiff A regarding the instant land.
B. In a lawsuit for confirmation of confirmation, there must be the benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is in dispute between the parties as to the legal relationship subject thereto, and thereby, it is recognized in cases where receiving a judgment of confirmation is the most effective and appropriate means to eliminate the risk of anxiety when there is unstable in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). In addition, Article 65 subparag. 2 of the Registration of Real Estate Act provides that a person who proves his/her ownership by the final and conclusive judgment may apply for registration of preservation of ownership of unregistered land. Here, the “final and conclusive