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1. The plaintiffs' lawsuit of this case is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. We examine ex officio whether the instant lawsuit is lawful.
A. Of the instant lawsuit seeking confirmation of ownership, the part seeking confirmation of ownership is the Plaintiff’s co-owner of each 1/4 square meters of land D 43 square meters in Busan Dong-gu, Busan, and it was written with the original acquisitor E of the building indicated in the purport of the claim for non-registered building on the ground that all rights related thereto are transferred between E and the original acquisitor of the building, which is an unregistered building on the ground. Therefore, on the premise that the owner of the said building was the owner of the said building, the Defendant, who is the president of the redevelopment partnership in the area to which the building belongs, is not the E-owner
However, in a lawsuit for confirmation of confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment against the defendant to eliminate the danger, in danger, and in danger and danger of the plaintiff's rights or legal status.
In addition, the defendant in a lawsuit for confirmation is likely to cause anxietys in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations. In other words, the defendant asserts the conflicting interests that conflict with the legal interests of the plaintiff and, if so, there is a benefit of confirmation against such defendant (see Supreme Court Decision 2012Da67399, Feb. 15, 2013). However, in this case, the defendant cannot be said to be a person who is in conflict with the legal interests of the plaintiffs by dispute over the rights or legal relations of the plaintiffs, and in other words, the defendant cannot be said to be a person who has asserted the interests that conflict with the legal interests of the plaintiffs (limited to the position of the president of the Industrial Complex Development Association, and does not have any interest related to the building stated in the purport of the claim)
(b) Part of claim for damages.