1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff, a non-registered real estate, sought confirmation against the Defendants on the status of the deceased C’s agent who was in charge of the so-called “the instant real estate” in relation to the size of 516 square meters (hereinafter “the instant real estate”).

2. Article 1008-3 of the Civil Act provides that “The ownership of the forest land within the limit of one information pertaining to tombstones, the farmland within the limit of 600 square meters, the farmland within the limit of 600 square meters, the tombstones, and the farmland within the limit of 30 square meters shall be succeeded

In addition to the above provisions under Article 1008-3 of the Civil Act, it is generally recognized that the lawsuit for confirmation is the most effective and appropriate means to determine the plaintiff's legal status as a confirmation judgment to eliminate such apprehension and danger when the plaintiff's legal status is unstable and dangerous (see, e.g., Supreme Court Decision 2005Da60239, Mar. 9, 2006). In light of the fact that the claim for confirmation of the status of the third party is a legal interest only in a case where it is related to specific rights or legal relations due to disputes between the parties as to the attribution of the property used for the removal of the third party's legal status.

(see Supreme Court Decision 2010Da88699, Sept. 13, 2012). However, in the instant case, it is difficult to deem that there exists a dispute between the Plaintiff and the Defendants as to the reversion of the real estate, etc. of the real estate that the Plaintiff is in the position of the deceased as a producer or the property to be used.

Rather, according to the evidence No. 5-1 to No. 38, the remaining Defendants of this case except Defendant D, E, F, and G are actively admitted that they are in the status of Jeju.

As such, insofar as there is no dispute between the parties as to the legal status or right as the third party subject to confirmation, the instant lawsuit cannot be deemed as a premise for resolving a dispute over a specific right or legal relationship.