1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

1. The following facts shall be apparent in the records or significant to this Court:

On March 20, 2015, the Defendant filed a lawsuit against the Plaintiff, etc. on the instant land under the Youngju District Court Branch 2015Kadan358.

위 소송에서 피고는 ‘이 사건 토지에 관하여 취득시효가 완성되었다’라고 주장하였고, 원고 등은 ‘피고가 텃도지를 지급하는 등 이 사건 토지를 소유의 의사로 점유하였다고 볼 수 없으므로 취득시효가 완성되었다고 볼 수 없다’라고 주장하였다.

B. The above court rejected the Plaintiff’s assertion on the completion of the prescriptive acquisition on June 10, 2016 and rendered a favorable judgment against the Defendant, and rejected the Plaintiff’s assertion on the possession.

C. On June 17, 2016, the Plaintiff et al. appealed with the Cheongju District Court 2016Na2100.

In the appellate trial, the Plaintiff et al. asserted to the effect that “the Plaintiff et al. paid user fees for the instant land, ② received a written consent for land use from Plaintiff B at the time of warehouse and expansion, ③ cannot be deemed to have occupied the instant land independently, such as responding to the Plaintiff et al.’s exercise of ownership in the instant land during road construction process, and ④ cannot be deemed to have occupied the instant land in a peaceful and public performance manner, ④ the Defendant’s prescriptive acquisition was suspended by the Defendant’s claim for user fees around 2011, and ⑤ the Defendant renounced the right to the completion of prescriptive acquisition.”

On January 11, 2017, the appellate court rejected all the claims of the plaintiff et al. while rendering a judgment dismissing the appeal.

E. On January 16, 2017, the Plaintiff et al. appealed by Supreme Court Decision 2017Da3802 Decided January 16, 201 and the said case is currently pending in the final appeal.

(2) We examine the legitimacy of the instant lawsuit ex officio as to the lawfulness of the instant lawsuit.

In a lawsuit for confirmation, there is a benefit of confirmation as a requirement for protection of rights.