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1. All part of the instant lawsuit’s claim for ownership confirmation shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
Reasons
1. Rejection part
A. The plaintiff's assertion that the non-party B or the non-party C acquired the real estate of this case which was originally acquired by the non-party D, and the plaintiff inherited his right following the acquisition by prescription of possession. In order to exercise the above right in the case where the registration of preservation of ownership of the defendant's real estate of this case is cancelled, the plaintiff's claim that the real estate of this case was owned by the above B and the above C in preliminary order.
B. Ex officio, we examine whether the Plaintiff’s claim for ownership confirmation is lawful.
In a lawsuit for confirmation, the subject of confirmation shall be the current legal relationship of rights, and in principle, the past legal relationship shall not be the subject of confirmation.
In addition, the benefit of confirmation in a lawsuit for confirmation is one of the most effective and appropriate means when there is a dispute between the parties as to the legal relationship subject to confirmation, and it is recognized that it is the most effective and appropriate means when the legal status of the plaintiff is dangerous.
Moreover, the claim for confirmation of land ownership against the country is not unregistered and is not known as the registrant on the land cadastre, and there is a benefit of confirmation only when there are special circumstances, such as the state's refusal of ownership by a third party who is the titleholder of registration or enrollment, and the state continues to claim ownership.
(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, the Plaintiff’s claim for confirmation of ownership is seeking confirmation of ownership by the deceased and constitutes seeking confirmation of the past legal relationship. If the Plaintiff asserts the completion of prescription for acquisition of ownership, it is more effective for the Plaintiff to seek cancellation of registration of ownership in the name of the Defendant in subrogation of the true owner of the instant real estate and claim for registration of ownership transfer against the said owner.