1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Plaintiff

The reasoning of this part of the claim is as stated in Paragraph (1) of the reasoning of the judgment of the court of first instance. Therefore, this part of the claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure

In a lawsuit to confirm the judgment on the defendant's main defense, there is a benefit of confirmation as a requirement for protection of rights.

The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate such apprehensions and risks when there is apprehensions or risks in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). Even if a lawsuit for performance may be brought, permitting the claim for confirmation of the existence of the right to claim performance itself is ineffective removal and it is not effective to allow in principle in light of the litigation economy (see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). The Plaintiff may receive relief from the Plaintiff’s right by asserting against the Defendant that the deceased’s spouse B and D, who was the owner of the instant land, are the same person.

On the other hand, the instant lawsuit is merely seeking confirmation of the Plaintiff’s fact that the Plaintiff is the deceased’s substitute heir, and thus, it cannot be the most effective and appropriate means to eliminate the Plaintiff’s right to the instant land or the apprehension and danger in the legal status.

Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

If so, the lawsuit of this case is unlawful and dismissed.

The judgment of the court of first instance is unfair with a different conclusion, and thus, it is so decided as per Disposition by cancelling the judgment of the court of first instance and rejecting the lawsuit of this case.