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1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.
2. The plaintiff's remaining primary claims and ancillary claims.
Reasons
1. We examine whether the part of the lawsuit of this case concerning the claim for confirmation of ownership is lawful ex officio. In the lawsuit of this case, the "interest of confirmation" is recognized when the judgment of confirmation is rendered at the time of being the most effective and appropriate means to eliminate the concerns and risks in the rights or legal status of the parties, and thus, barring any special circumstance, filing a lawsuit of confirmation does not constitute "interest of confirmation" against the economy of the lawsuit, unless there are special circumstances.
(See Supreme Court Decision 91Da1264 delivered on October 11, 1991, etc.). In this case, inasmuch as there is no assertion or proof as to the fact that the Plaintiff cannot file a claim for ownership transfer registration, which is a lawsuit for performance, except for the Plaintiff’s claim for ownership verification against the Defendant (in addition, the Plaintiff’s claim for ownership transfer registration is also filed by the remainder of the lawsuit in this case and the ancillary claim), it is unlawful to make a separate claim for ownership verification as there is no benefit of confirmation.
2. Basic facts
A. The plaintiff is a clan comprised of descendants of C29 years of age D, who is the descendants of the parties.
D’s descendants were 30 years of age E and F, and F was 31 years of age by F’s descendants, G, H, I, J (Nam), K, L, and M. The Defendant was F’s descendants, and was F’s children, but was adopted by the said J’s children.
B. The registration of ownership transfer was completed on January 21, 1974, and D completed the registration of ownership transfer on November 4, 1983, on the real estate stated in the separate sheet No. 2, and F completed the registration of ownership transfer on May 22, 1926. The Defendant completed the registration of ownership transfer on the ground of sale on June 29, 1995.
3 With respect to the real estate listed in paragraph 3 of the attached list, F shall be assessed on May 22, 1926.