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1. Of the instant lawsuit, the part of the Plaintiff’s primary claim and the ancillary claim against Defendant F, indicated in the separate sheet.
Reasons
1. Basic facts
A. Both the plaintiffs and the defendant F are children between H and I, who are their wife, and the defendant F is the defendant F.
B. On September 15, 1987, H entered into a sales contract with Defendant G to purchase each of the instant real estate (hereinafter “instant sales contract”). On November 3, 1987, H completed each of the instant registrations of ownership transfer in the name of Defendant F with respect to each of the instant real estate.
C. H died on May 19, 201, while I died on January 11, 2014, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, 7-1, Eul evidence 1-1, 2, and 2-1, and the purport of the whole pleadings
2. The Plaintiffs, as to the primary claim, seek confirmation against the Defendants that each of the instant real estate held in title by H is the property trusted to Defendant F. Accordingly, Defendant F seeks confirmation that each of the instant real estate was owned by H at the time of the death of H. Accordingly, the instant primary claim cannot be resolved ultimately by dispute between the Plaintiffs and Defendant F, and thus, there is no benefit in confirmation.
On the other hand, the benefit of confirmation, which is the requirement for the protection of rights in a lawsuit for confirmation, is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, if there is unstable danger in the plaintiff's rights or legal status, it is the most effective and appropriate means to obtain the confirmation judgment when the plaintiff's right or legal status is threatened (see, e.g., Supreme Court Decisions 2009Da93299, Feb. 25, 2010; 2014Da218511, Dec. 11, 2014). As examined later, it is possible for the plaintiffs to seek implementation of the procedure for registration of cancellation of each transfer of ownership registration of this case against Defendant F, by subrogation of the plaintiffs, on the premise that H, whose father is the father of the plaintiffs by preliminary claim, title trust of each of the real estate of this case