The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation and the determination by the confirmation judgment is the most effective and appropriate means in order to eliminate the risk of uncertainty when the plaintiff's legal status is at risk.

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 to confirm his/her ownership, and there is no benefit to seek confirmation of ownership against the State.

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in extenuating circumstances, such as denying the ownership of a third party who is the registered titleholder and asserting that the State is the ownership of the State.

(See Supreme Court Decision 209Da48633 delivered on October 15, 2009, Supreme Court Decision 94Da39123 delivered on May 9, 1995, etc.). The court below determined that there is a benefit of confirmation on the ground that, with respect to the instant lawsuit against the State against which the Plaintiff seeks confirmation of ownership regarding the instant land for which the registration of ownership transfer was made in the name of his father C, due to a change in the address of the registered titleholder and the deceased, it is impossible to accept an application for registration of revision on the indication of the registered titleholder who died, because it is impossible to accept an application for registration of change in the name of the registered titleholder for registration of inheritance due to the change in the address of the registered titleholder and the deceased, and there is no direct party in which the interests conflict, thereby obtaining confirmation of ownership against the State that manages the ownership of land by the register can be reflected

3. However, due to inheritance.