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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In the real estate register concerning the real estate of 2,331 square meters (hereinafter “instant land”), Jeonnam-gun, Do, Jeonnam-gun, stating that “G” residing in Shinan-gun H is completed the registration of ownership transfer on October 20, 1920 due to sale and purchase on October 20, 1920, pursuant to Act No. 1657, Oct. 20, 1920.
B. In the land cadastre of the instant land, the name of the owner as “H” is indicated as “G” and resident registration number as “I”.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 and 2-2, the purport of the whole pleadings
2. Judgment on the main claim
A. G recorded in the certified copy of the register of the land in this case’s purport of the Plaintiff’s assertion is nonexistent, and the Plaintiff is an heir as G’s children registered as the owner of the land in this case.
According to the maintenance of referring, the Plaintiff and the Plaintiff agreed to inherit all of the instant land independently. Despite the fact that the instant land was owned by the Plaintiff, registration of inheritance was not possible on the ground that the names (G) of the Plaintiff stated as the owner on the registry of the instant land and the names (E) indicated in the Plaintiff’s transcript were different.
Therefore, the Plaintiff seeks confirmation against the Defendant that the instant land was owned by the Plaintiff.
B. (1) In a lawsuit for confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is the most effective and appropriate means to determine the Plaintiff as a confirmation judgment in order to eliminate the anxiety and danger when the Plaintiff’s legal status is unstable and dangerous.
Any third party, other than the State, who asserts that he/she is a legitimate owner of the land for which ownership transfer registration is made, shall obtain a judgment against the title holder of the registration and seek confirmation of ownership against the State.